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(영문) 수원지방법원 2019.06.11 2018나81509
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The following facts of recognition are acknowledged, either in dispute between the parties or in combination with the purpose of the entire pleadings, either in Gap evidence 1, 2, and Eul evidence 7:

A. The Plaintiff was in a relationship with the Defendant’s child C, and the Plaintiff was an employee of D Co., Ltd. (hereinafter “Nonindicted Company”), and the Defendant was the representative director of the Nonparty Company.

B. From the account under the Plaintiff’s name to the account under the Defendant’s name, KRW 17.6 million was transferred from January 17, 2017 to the account under the Defendant’s name; from the account under the Defendant’s name to the account under the Plaintiff’s name, KRW 400,000 was transferred on February 22, 2017; and from March 17, 2017 to the account under the Plaintiff’s name.

2. The parties' assertion

A. On October 17, 2016, the Plaintiff complained of managerial difficulties of the non-party company, and the Plaintiff lent KRW 18 million to the Defendant. On January 12, 2017, the Defendant requested the Plaintiff to lend the same money to the Plaintiff at another time after the Defendant fully repaid the said loan to the Plaintiff. On January 17, 2017, the Plaintiff, on which January 17, 2017, the Plaintiff transferred the interest by account transfer, setting the amount of KRW 18 million to the Defendant at KRW 400,000,000,000 which was deducted from the interest.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 17.6 million and the interest accrued from June 17, 2017 to January 22, 2018, the sum of the accrued interest amount of KRW 2,0480,000 (= KRW 2.88 million) and delay damages for KRW 17.6 million among them.

B. The Plaintiff acquired part of the shares of the non-party company owned by the Defendant and paid the purchase price of shares to the Defendant, and the Defendant did not borrow money from the Plaintiff.

The plaintiff, in relation to the relationship with the defendant's children, purchased shares from the defendant who helps the operation of the non-party company, and paid 400,000 won per month to the plaintiff at the spool of the spool.

3. Determination

A. The purport of the entire pleadings is as follows: the above facts of recognition, each of the evidence mentioned above, and each of the evidence set forth in Nos. 1 and 8 (including paper numbers).

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