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Reasons
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(영문) 수원지방법원 평택지원 2018.11.28 2018가단55492
대여금
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1. The Defendant’s KRW 147,00,000 and the Plaintiff’s annual amount of KRW 5% from June 21, 2018 to November 28, 2018.

Reasons

1. Basic facts

A. The plaintiff is a person engaged in agriculture, and the defendant is a representative director of the non-party C Co., Ltd. (hereinafter "non-party C").

B. On September 3, 2015, the Plaintiff transferred KRW 5 million to Nonparty D’s account, a vice-chairperson, for investment of KRW 25,000,000 to Nonparty Company. The Defendant issued a certificate of stock custody on KRW 50,000 of the Non-Party Company’s shares and issued it to the Plaintiff.

C. From August 2015 to December 2015, the Plaintiff transferred the Defendant’s total amount of KRW 173,000,000 to the Defendant’s account (hereinafter “instant payment”) on 11 occasions in total as follows.

On August 28, 2015, 100: (a) 7,000,000,007 loan repayment on August 31, 2015; (b) 30,000,000,000 US E Group’s “F” on September 1, 2015; (c) 0,000,000,000 Japanese airline tickets on September 30, 2015; (d) 0,000,000,000 Japanese factory tickets on October 30, 2015; and (e) 0,000,000,000 Japanese factory facilities and equipment on October 30, 2015; and (e) 0,000,000,000 or more Japanese factory facilities and equipment on October 14, 2015; and (e) 10,000,000 supply/3,010,05.

D. On January 27, 2016, the Defendant paid KRW 1.5 million to the Plaintiff on January 27, 2016, as indicated in the following table, and paid KRW 26 million in total five times from May 12, 2016 to April 17, 2017.

The amount of 5,00,000 interest on January 27, 2016 1: (a) 3,000,000 on May 12, 2016; (b) 3,00,000 on December 23, 2016; (c) 63,00,000 on December 6, 2005 on December 23, 2016; (d) 5,00,000 on January 5, 200 on April 17, 2017; and (e) 26,00,000,000 won in total 26,00,000 or more on April 17, 2017 / [Grounds for recognition] the purport of the entire pleadings / [the grounds for recognition] the fact that there is no dispute, Gap, 1, 4, 5, 7 through 111, and the purport of the entire pleadings.

2. The parties' assertion

A. The Defendant borrowed the instant payment from the Plaintiff and repaid KRW 26,00,000,00.

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