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(영문) 의정부지방법원 2020.08.21 2019가단10262
대여금
Text

The defendant's KRW 100,000,000 for the plaintiff and the following shall be 15% per annum from May 17, 2019 to May 31, 2019.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1 to 4 (including paper numbers), Eul evidence 1, 9, and Eul evidence 5-1:

The plaintiff is a person operating "C", and the defendant is a director of D Co., Ltd. and a representative director of E Co., Ltd. (the former trade name: the F Co., Ltd.; hereinafter referred to as "non-party company").

B. The details of monetary transactions between the Plaintiff and the Defendant are as follows.

(1) A (C) on July 29, 2015, the remitter’s amount of 100,000 B (C) on July 29, 2015, A (C) on December 30, 2015, Defendant B’s wife 50,000,000 B (C) on January 4, 2016, (C) on March 30, 2016, B (C) on KRW 100,000,000 on March 30, 205 (C) B (30,000,000,000,000 on March 30, 205, B (C) on March 31, 2016, B (C) on 100,000,000 B (C) on March 31, 200, A (200,000, A (C) on April 30, 2016;

2. There is a dispute between the parties as to whether the Plaintiff paid KRW 100 million to the Defendant on July 29, 2015 (hereinafter “the instant money”) constitutes a loan, and the parties’ assertion is as follows.

Plaintiff

The Defendant requested the lending of money to purchase and remodel a manufacturing plant located in Daejeon Metropolitan City H, and lent KRW 100 million on July 29, 2015.

B. Under the initiative of Defendant I, a group of “N” was organized by the participation of the Plaintiff, Defendant, J, K, L, M, etc., and N members promoted purchase of factory sites and new construction of factories to engage in food processing business.

around May 2015, I would like to purchase land and buildings of 592 square meters in Seongbuk-gu, Daejeon Metropolitan City (hereinafter “instant real estate”) owned by the O farming association corporation for KRW 540 million, and according to I’s instructions, the non-party company that the Defendant was represented by the purchaser.

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