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(영문) 부산지방법원서부지원 2020.10.22 2019가단109559
대여금
Text

The Defendants shall jointly and severally pay to the Plaintiff KRW 32,00,000 as well as 12% per annum from July 30, 2019 to the date of full payment.

Reasons

Basic Facts

The Plaintiff lent to the Defendants KRW 30 million on November 12, 2009, KRW 23 million on December 15, 2014, and KRW 20 million on July 21, 2015.

By October 31, 2018, the Plaintiff received KRW 7 million from Defendant B until October 31, 2018. On October 31, 2018, the Plaintiff withdrawn KRW 39,017,430 from the Plaintiff’s account under the name of the Plaintiff, and then notified Defendant B thereof.

On June 20, 2017, the Plaintiff registered the Plaintiff’s business under the name of the Plaintiff, upon Defendant B’s request, and lent the Plaintiff’s account in the name of the Plaintiff to Defendant B.

On the other hand, Defendant B, without the Plaintiff’s permission on September 19, 2017, made a transfer registration of 9/100 of the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicles”) registered in Defendant B’s name, and continued to use the said motor vehicles after the transfer registration under the name of the Plaintiff.

1) On March 19, 2020, the Plaintiff paid 458,040 won, respectively, as the automobile tax on June 19, 2018, the automobile tax on January 2019, and the automobile tax on June 2019, respectively. The Plaintiff paid 152,680 won on August 28, 2019, and 157,250 won for each of the automobile tax on June 28, 2020, and 314,50 won for global income tax on the instant automobile. On August 31, 2020, the Plaintiff paid 16,710 won for global income tax on August 31, 2020, 23,240 won for automobile inspection fees, and 208,000 won for local income tax on March 19, 2019, 2018, 31,000 won for local education tax for 18 years and 3 years 2018,819.

3 The Plaintiff paid 352,760 won on behalf of the Plaintiff, which was imposed in the name of the Plaintiff from January 17, 2019 to February 21, 2019.

On the other hand, the plaintiff and defendant B agreed to pay the additional insurance premium when the national pension premium is added due to the business registration of D. The plaintiff and defendant B agreed to pay the additional insurance premium until January 21, 2019.

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