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(영문) 창원지방법원 2019.07.11 2018가단117015
대여금
Text

1. The Defendant’s KRW 57,825,00 for the Plaintiff and 5% per annum from September 29, 2018 to July 11, 2019.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is between the Defendant and the high-speed neighboring families, and was engaged in business in Indonesia through the Defendant. 2) The Defendant married with Indonesia C and is living in Indonesia.

3) D is the Plaintiff’s wife. (b) Foreign currency transfers 1) D remitted 15,649,000 U.S. dollars to C’s Indonesia account on January 18, 2008.

2) On June 2, 2014, D remitted USD 50,000 to the Indonesia account of C. [The fact that there is no dispute over the basis of recognition, the entries in the evidence Nos. 1 and 3, and the purport of the whole pleadings.]

2. Determination

A. On June 2, 2014, the Plaintiff’s assertion 1), the Plaintiff, etc., 7 in Indonesia, etc., and the Defendant engaged in engineering business with the same type of business. The Plaintiff suggested that the Plaintiff will give 1/2 of the principal and interest of the borrowed amount, if the profitability is lost in view of a large amount of loss in the thermal power plant construction ordered by E, and that the Plaintiff intends to operate the business on his/her own with the foreigner and the Plaintiff, and that there is no funds for the establishment of the company, and that the amount of KRW 60,000,000 is loaned with the start-up cost.

On June 2, 2014, the plaintiff could not refuse the defendant's demand, and made the plaintiff contact with the plaintiff's wife D to transfer USD 50,00 to the defendant's head of Tong, the defendant's wife, and lent money.

However, the defendant does not pay the borrowed money with such a low doping system.

B) The Plaintiff, while running its business in Indonesia, did not operate the Defendant Company with only its name left while organizing its business in Indonesia.

The non-party company held 90% shares of C and G, a company employee, 10% shares.

In around 2014, the Plaintiff said that C is expected to engage in a project in full scale with Idonesia, and C said, at the end of 2014, C was trying to perform a project in full scale if H was able to control his military forces.

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