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(영문) 의정부지방법원고양지원 2020.01.10 2019가합70608
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 217,029,266 and the interest rate of KRW 15% per annum from August 1, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On December 22, 2017, the Plaintiff transferred KRW 260,000,000, and KRW 30,000,000 on January 2, 2018, and KRW 100,000,000 on January 9, 2018, and KRW 80,000 on March 26, 2018, to the Defendant’s account.

B. The plaintiff is a director of C in-house company that carries on logistics business, warehouse business, etc., and the defendant is a company that carries on home shopping distribution and sales, and keeps its stock in the warehouse of C in-house company.

The original Defendant sold the goods stored in the above warehouse (Plaintiff: Defendant = 45%: 55%) to distribute the profits.

From January 1, 2018 to March 30, 2018, the price for the goods received by the Plaintiff on the part of the Plaintiff is 28,442,840 won.

C. Upon the sales of the goods in the warehouse, the Defendant drafted and offered to the Plaintiff a performance assurance (hereinafter “instant performance assurance”) on May 11, 2018.

The details thereof are as shown in the attached Form.

(The main contents of the Defendant’s reimbursement of KRW 304,00,000 to the Plaintiff on June 29, 2018, and KRW 200,000,000 on July 31, 2018).

On July 2, 2018, the Defendant repaid KRW 70,000 to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, and 6, fact inquiry results against D Co., Ltd., the purport of the whole pleadings

2. As to the Plaintiff’s assertion of loan

A. The plaintiff was awarded a total of KRW 280,00,000 to the defendant, but the defendant is obligated to pay the remainder of KRW 234,00,000,000 calculated by deducting the amount already paid from KRW 304,00,00,000, which is the amount agreed upon by the performance guarantee of this case, including interest, and the agreed damages for delay from the day following the due date to the date of full payment.

B. As seen in the above Paragraph 1-A, the Plaintiff paid a total of KRW 260,000 to the Defendant.

In addition, the plaintiff shall deposit KRW 30,000,00 to the plaintiff, which shall be paid first to the plaintiff, and shall be paid again to the defendant.

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