logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.01.14 2014가단40279
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,50,000 as well as 20% per annum from August 7, 2014 to the day of complete payment.

Reasons

1. The parties' assertion

A. The Defendant, who had worked for the Plaintiff’s assertion of the Henb Camp Development Co., Ltd. (hereinafter “Nonindicted Company”), borrowed the money for the operation of the Nonparty Company to the Plaintiff to pay a high interest on the face of the Plaintiff. The Plaintiff lent KRW 49,500,000 to the Defendant.

However, since the defendant partly repaid the interest and did not pay the principal and interest of the above loan despite the plaintiff's demand for payment, the defendant is obliged to pay the plaintiff 49,500,000 won and delay damages.

B. 49,500,000 won, which the plaintiff transferred to the defendant by the defendant's argument, was invested in the non-party company rather than lending to the defendant, and thus, the plaintiff'

2. According to the statement in Gap evidence No. 1, it is recognized that the plaintiff remitted the amount of KRW 20,000,000 to the bank account under the name of the defendant as of February 23, 2012, and KRW 20,000,000 on February 28, 2013, and KRW 9,50,000 on March 28, 2013, respectively.

With respect to whether the above remittance amount is a loan, the following circumstances, namely, (i) the non-party company paid interest of KRW 725,000 to the Defendant each month from April 23, 2012 to November 22, 2012, (ii) the Defendant has paid the above interest income in the name of the Defendant; (iii) even if the non-party company did not pay interest to the Defendant, the Defendant paid at its own expense interest of KRW 18 million to the Plaintiff more than 20 times from December 26, 2012 to April 23, 2014, (iv) the Plaintiff and the Defendant were close to the Plaintiff, and were remitted to the bank account, and (v) the Plaintiff did not separately prepare the receipt in the name of the non-party company as to the above amount, and (v) the Plaintiff did not separately prepare the receipt in the name of the non-party company.

arrow