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(영문) 서울북부지방법원 2016.01.13 2014가합26709
대여금
Text

1. The Defendant: (a) KRW 200,000,000 for the Plaintiff and 12% per annum from November 1, 2013 to May 6, 2015; and (b) May 7, 2015 for the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff worked in Jongno-gu Seoul Metropolitan Government Jongno-gu C Limited Company D (hereinafter “D”) and retired from office on December 31, 2013, and the Defendant retired from office on April 10, 2014.

B. From October 22, 2007 to May 29, 2009, the Plaintiff transferred money as indicated in the following table from the Defendant to the account in the name of the Defendant (U.S.C.C.). From May 25, 2012, the Plaintiff received interest from October 31, 2013 at the rate of 1 to 1.5% per month on each of the total amounts paid or remaining amounts paid from the Defendant’s account in the name of the Plaintiff.

Interest payment and interest rate on two or three occasions each month on October 22, 2007, the total sum of loans extended on the date of transaction, and 1.2% per month from November 2, 2010 and from July 2012 to July 2012, 200.

on November 6, 2007; 100,000,000 on January 6, 2007; 150,000,00 on January 3, 2008; 150,000,000 on August 15, 2008; 165,000,00 on September 15, 200, 100,000 on 15,000,000, 150,000 on 15,00,000, 150,000 on 15, 200,00 on 15, 200, 100,000 on 16,00 on 10,00 on 10,000,00 on 160,00 on 160,000,00 on 17,000 on 10,005;

C. D received money several occasions from the Defendant and used it as a company operating fund, and issued one copy of the per unit (F and par value 200 million won) to the Defendant, but the Defendant did not deliver this to the Plaintiff.

On the other hand, one set of units per national bank (G and 250 million won per face value) of D issuance was rejected on March 27, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 7, Gap evidence 3-1 to 4, Eul evidence 1 to 10, 14, and 20, and the purport of the whole pleadings

2. Determination

A. As above, the contracting party receives money from the Plaintiff to the account in the name of the Defendant.

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