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(영문) 수원지방법원안양지원 2019.08.22 2018가단119153
대여금
Text

1. The Defendant’s KRW 150,000,000 as well as 8% per annum from October 6, 2018 to December 28, 2018 to the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by combining the whole purport of the pleadings in each entry in Gap evidence 1 and 2;

The name of creditor: A(resident registration number and address are omitted): D (Juristic person registration number and address are omitted): D (Juristic person registration number and address are omitted): He/she will borrow an amount of KRW 150 million per day and promise to implement the following provisions.

1. Interest shall be one million won per month, and interest shall be paid in the address of the creditor on the fifth day of each month;

2. The due date for the repayment of the principal shall be October 5, 2018, and it shall be possible to transfer the principal to the address of the creditor.

A. On March 31, 2017, C, the Plaintiff’s seat, remitted KRW 150 million to D’s deposit account, the representative (director) of the Defendant Company, and on the same day, the Defendant drafted a loan certificate (hereinafter “the loan certificate of this case”) with respect to the above remittance amount to the Plaintiff on the same day.

Amount of remittance 1,00,000 on May 4, 2017: 1,00,000 on February 5, 2018; 1,000,00 on March 5, 2018; 1,000,00 on March 5, 2018; 00,000 on July 5, 2017; 00,000 on April 5, 2018; 00,000 on August 1, 200,000; 1,000,00,000 on August 7, 2017; 1,000,00 on August 1, 200, 200; 1,00,00 on May 8, 1, 200,000; 1,000,00 on May 5, 1, 2017;

B. The Defendant, through the D’s above deposit account, remitted the above KRW 150 million interest to C’s deposit account on the fifth day of each month as follows.

2. The assertion and judgment

A. The summary of the plaintiff's assertion (1) is that the plaintiff borrowed money from D, the representative of the defendant company (director), and borrowed money of KRW 150 million from C to the defendant with a monthly interest of KRW 100 million and lent it to C for convenience, thereby having C transfer directly to D's deposit account, and the interest of KRW 100,000,000,000 to be paid to the plaintiff directly to C for convenience.

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