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(영문) 광주지방법원장흥지원 2017.07.12 2016가단3608
대여금
Text

1. The Defendant shall pay to the Plaintiff A KRW 10,00,000, KRW 20,000 to the Plaintiff B, and KRW 30,000,00 to the Plaintiff C, respectively.

Reasons

1. Basic facts

A. The Defendant is an agricultural partnership established around July 23, 2012 for the purpose of growing, distributing, selling, etc. Mana mushrooms, and the Plaintiff A and B are the Defendant’s members, and the Plaintiff C is the Plaintiff E’s former representative director.

B. On December 22, 2015, Plaintiff A transferred KRW 10 million to the agricultural cooperative account under the Defendant’s name; Plaintiff B transferred KRW 20 million to the said agricultural cooperative account on November 24, 2015; Plaintiff C transferred KRW 30 million in total to the said agricultural cooperative account on March 11, 2016; and Plaintiff C transferred KRW 10 million to the said agricultural cooperative account on March 11, 2016; and on the 12th of the same month and the 15th of the same month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. In full view of the overall purport of the pleadings as to the underlying facts as to the cause of the claim and the statements in Gap evidence Nos. 4-1 through 3 (Evidence Nos. 1, 2, 3, and since there is no dispute over the part of the defendant's seal impressions, the authenticity of the entire document is presumed to have been established; hereinafter "each of the loan certificates in this case"), the whole purport of the pleadings can be acknowledged that the defendant was leased KRW 10 million to the defendant on December 22, 2015, Plaintiff B on November 24, 2015, and KRW 20 million on March 15, 2016, and the plaintiff C on March 15, 2016 without setting interest and due date. Thus, the defendant is obligated to pay the plaintiff KRW 10 million to the plaintiff, KRW 20 million to the plaintiff, KRW 30 million to the plaintiff, and KRW 30 million to the plaintiff on March 16, 2015, respectively.

B. As to the Defendant’s assertion 1), the Defendant asserts that the transfer of money to the Defendant’s account as stated in paragraph (b) of the basic facts was only the payment of the purchase cost of the mushrooms in accordance with the agreement dated September 15, 2015, and that the Defendant did not lend the said money from the Plaintiffs. 2) The authenticity of the disposal document is established.

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