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(영문) 서울중앙지방법원 2018.10.11 2017가단52611
대여금
Text

1. As to the Plaintiff’s KRW 10 million and KRW 50 million among them, the Defendant shall pay to the Plaintiff KRW 50 million from July 9, 2012, and KRW 50 million.

Reasons

1. Facts of recognition;

A. A. Around December 2008, the Plaintiff Company is a C’s subsidiary owned by C, which was incorporated by physical division of the steel frame business sector of C Co., Ltd. (hereinafter “D Co., Ltd. at the time”) and changed into “C Co., Ltd.” on June 3, 2010.

B. The Defendant served as the representative director of the Plaintiff Company from December 31, 2010 to October 24, 2014 as E’s partner, the representative director of the Plaintiff Company.

C. On July 9, 2012, a loan agreement for consumption was drafted on July 9, 2012, stating that “the Plaintiff Company shall grant the Defendant a loan with interest of KRW 50 million at a rate of 3% per annum and as of July 8, 2013 on the date of repayment.”

On July 9, 2012, from the IBK bank account in the name of the Plaintiff Company to the Nonghyup Bank account in the name of the Defendant, KRW 50 million was remitted, and on the same day, from the said account in the name of the Defendant to the new bank account in the name of F (C).

In July 11, 2012, a loan agreement for consumption was drafted on July 9, 2012, stating that “the Plaintiff shall grant a loan to the Defendant with interest of KRW 50 million at 3% per annum and as of July 10, 2013 on the date of repayment.”

On July 11, 2012, from the account of the IB K Enterprise Bank under the name of the Plaintiff Company, KRW 50 million was deposited in cash, and the Defendant received the said money and remitted the money to the needy Parties belonging to C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. The parties' assertion

A. At the time of the Plaintiff’s primary claim amounting to KRW 50 million on July 9, 2012 and July 11, 2012, the Plaintiff Company borrowed short-term loans at the interest rate of KRW 3% per annum to the Defendant, for which the representative director of the Plaintiff Company was the representative director.

Therefore, with respect to KRW 10,000 and KRW 50,000 among them, the Defendant shall apply the rate of KRW 10,000 to the Plaintiff Company from July 10, 2012 to KRW 50,000,00 per annum from July 12, 2012 to the service date of the original copy of each of the instant payment order, and the rate of KRW 3% per annum from the following day to the payment date under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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