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(영문) 서울중앙지방법원 2016.12.19 2016나17544 (1)
대여금
Text

1. Defendant B, among the judgment of the first instance, exceeding the following payment orders:

Reasons

1. Comprehensively taking into account the facts established according to the primary purport of the claim, the Defendant corporation is obligated to pay the Plaintiff the amount of KRW 50,000,000,00, and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from May 9, 2014, which is the day following the delivery date of a copy of the complaint of this case, to December 19, 2016, which is the day when the judgment of the Defendant corporation rendered a substantial decision, to dispute the existence and scope of the obligation to perform, and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion,

(However, the Plaintiff sought payment of damages for delay from the next day of September 2007 on the premise that the due date for the above loan was the last day of September 2007. However, it is not sufficient to acknowledge this only with the statement in Gap evidence 2, and there is no other evidence to acknowledge

Since the establishment of the defendant corporation in 199, B has been held each year, and even around July 2007, the sponsor was colored for holding B.

Defendant C, while serving as the secretary of the defendant corporation at the time, was in charge of the fund management.

B. The Defendant corporation promised to advertise F operated by G through the Plaintiff’s introduction in B and receive support payments from G.

C. However, on April 19, 2007, the Plaintiff paid 30,000,000 won directly to the account of the Defendant Corporation, and the same year.

5.1. Korea-U.S. dollars 10,000,000 and USD 10,000 were paid to Defendant C.

On the above 50,00,000 won, the Plaintiff subsequently requested the Defendant corporation to pay the above 50,000 won even if some of them were paid from G, and the Defendant C accounted the above 50,000,000 won paid by the Plaintiff as the item of the Defendant corporation’s “loan.”

E. After that, the Plaintiff, who did not pay G, applied for a criminal complaint against G to the Defendant corporation. Accordingly, the Defendant corporation filed a criminal complaint against G around May 2012.

F. The Plaintiff continues to exist even after the criminal complaint was filed.

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