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(영문) 창원지방법원 2019.04.12 2018가단118087
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from September 13, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. On May 31, 2018, the Defendant received KRW 50,000,000 from A and gave to the said Company a loan certificate (Evidence A 1-1) to the effect that the said Company borrowed the said money.

B. On July 24, 2018, Changwon District Court Decision 2018 Ma10035 decided July 24, 2018, A was decided to commence rehabilitation, and the Plaintiff became the manager of the said company.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 50,00,000 with the return of the loan and the damages for delay calculated by the rate of 15% per annum from September 13, 2018 to the date of complete payment, which is the day following the delivery date of the original copy of the instant payment order, to the day of complete payment.

As to this, the defendant did not borrow 50,000,000 won from A, but the defendant and the above company agreed to promote "F business" among the "E business" ordered by the city of Gangwon-do in China and the development project of Rotterdam in China. The above company agreed to pay the defendant the amount of KRW 50,00,000 on May 31, 2018 and the amount of KRW 450,000,000 on June 5, 2018, and received it as part of it. Thus, the defendant did not claim that 50,000,000 won should be returned. However, since there is no evidence to acknowledge the defendant's assertion, the defendant's assertion is not accepted.

3. If so, the plaintiff's claim is justified.

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