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(영문) 서울중앙지방법원 2016.05.27 2015가합547204
대여금
Text

1. The defendant shall pay 1,00,000,000 won to the plaintiff and 15% per annum from August 4, 2015 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that from 2008 to 2011, the Plaintiff loaned a total of KRW 2.8 billion to the Defendant (around October 2008, the Plaintiff borrowed KRW 1 billion from the foreign exchange bank, KRW 80 million from the securities instead of the securities on December 26, 2008, and KRW 1 billion from the New Capital on February 15, 201, and KRW 461.6 billion from the loans on June 30, 2010, and that the Plaintiff was paid KRW 2.38 billion from the outstanding interest on the loan to the Defendant, and that the Plaintiff claimed payment of KRW 1 billion from the total amount of the outstanding interest on the loan and delayed payment thereof.

B. Facts of recognition 1) The Plaintiff and the Defendant had been close to a long time. The Plaintiff worked as the representative director of C&C and retired from office around December 2009, and the Defendant was a person who actually operated Non-Party D Co., Ltd. (hereinafter “Non-Party D”) (hereinafter “Non-Party D”). 2) The Plaintiff’s deposit account from the Plaintiff’s foreign exchange bank was transferred from the Plaintiff’s foreign exchange bank account to the account of a person whose name is unknown, ② KRW 880 million on October 15, 2008, and ③ KRW 797 billion on December 26, 2008, to the Defendant’s account; ④ KRW 100 million on February 15, 201, to the Defendant’s spouse’s account.

3) On August 201, the Plaintiff filed a lawsuit against Nonparty Company for a claim for the return of share certificates, etc. However, on February 15, 2012, the Defendant, while being investigated by the prosecution in connection with the insolvency of the F Savings Bank run by himself/herself, borrowed the Plaintiff on February 15, 2012, with the loan certificate stating “80 million won of a new securities loan, 1 billion won of a new loan, and 600 million won of a foreign exchange bank. The above loan certificate (hereinafter “the loan certificate of this case”) shall be prepared at an appropriate time. 4) The Plaintiff filed a lawsuit against Nonparty Company against the Plaintiff, the court of this case 2013 Gohap51300, Nov. 20, 2014.

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