logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원서부지원 2017.09.15 2017가단115
대여금
Text

1. The defendant shall be the plaintiff.

A. 324,148 won and any related thereto

B. 62,700,000 won and this shall be jointly and severally with C Co., Ltd.

Reasons

A. The Plaintiff is operating the shipbuilding machinery sales business under the trade name of “D”.

B. The Plaintiff was unable to receive KRW 324,148 as the price for goods, such as sirens, sold from November 25, 2015 to March 25, 2016, from the Defendant who runs the business of selling industrial machinery and heat exchange machines under the trade name “E”.

C. The Plaintiff continued to engage in the business of supplying raw materials to C with the company that is the representative director. The Plaintiff received the request from F (the father of the Defendant) who is the actual operator of C, from F (the father of the Defendant) for help and delivery as it is difficult to do so. As of March 15, 2016, on April 15, 2016, the Plaintiff issued two tax invoices with the content that the Plaintiff supplies goods of KRW 32 million (value-added tax 3.2 million), KRW 25 million (value-added tax) to C, and KRW 2.5 million (value-added tax 2.5 million) to the company. Based on the above tax invoice, C borrowed 62.7 million from the company bank on the basis of the above tax invoice. The above loans were executed on April 15, 2016, and deposited KRW 62.7 million in the Plaintiff’s account.

Upon F’s request, the Plaintiff remitted KRW 62.7 million to the Defendant’s account. At the time, the Plaintiff had the credit payment claim amounting to approximately KRW 200 million against C, and the Defendant, as of April 18, 2016, prepared a loan certificate stating that the Plaintiff borrowed KRW 62.7 million from the Plaintiff and issued it to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 4, Eul evidence 3-9, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts acknowledged prior to the determination on the claim for the payment of goods, the Defendant is obligated to pay the amount of KRW 324,148, and damages for delay at the interest rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 10, 2017 to the day of full payment, which is the day following the delivery date of a copy of the complaint.

B. Determination as to the claim for the borrowed amount 1.

arrow