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(영문) 울산지방법원 2017.05.31 2016가단67006
대여금
Text

1. The defendant shall pay 155,00,000 won to the plaintiff and 24% per annum from October 28, 2006 to the day of complete payment.

Reasons

With respect to the Plaintiff’s claim of this case seeking the repayment of “loan”, the Defendant asserts that the amount transferred by the Plaintiff is not a loan but a “investment amount.”

Therefore, first, the character of money is examined, and first, the part of "10 million won of remittance of February 28, 2006" is examined.

At the time of 2006, the defendant also recognized that the defendant was the chairperson of the LAC (hereinafter referred to as the “C”).

[Written Answer dated April 18, 2017] Between D and D on February 28, 2006, C prepared a written agreement with C to the effect that the remainder payment is appropriated for the payment in advance, and that the remainder is appropriated for the bank loans.

[A] And on the same day C entered into a sales contract with F, the owner of the above business site, and agreed on April 28, 2006 to pay each of the remainder KRW 710 million at the time of the contract, when entering into a sales contract with F, the down payment of KRW 90 million in the purchase price of KRW 80 million.

[A] The plaintiff was prepared and delivered from the defendant as of February 27, 2006 as of February 27, 2006 as of February 27, 2006, 100 million won loan certificate (interest rate: 2% per month), and there was each record of the remittance account of KRW 100 million.

[A] In accordance with its description, the Plaintiff remitted 60 million won to F on February 28, 2006, to G (Defendant’s wife) account, and 40 million won to G (Defendant’s wife). (A) The amount of KRW 30 million deposited from G account to H account in the name of H, a representative of C, and then C remitted 30 million won to F on March 2, 2006.

[A. 5. 2] This was paid to F a down payment of KRW 90 million.

On October 27, 2006, the defendant issued and delivered a loan certificate stating that the plaintiff will repay the re-loan to the plaintiff.

Gap 1,

6. The term “the instant loan certificate” refers to “the instant loan certificate.”

In addition, the Plaintiff filed a lawsuit against G as this Court Decision 2016No54161 against G, seeking reimbursement of KRW 40 million as of February 28, 2006, and the Defendant is the legal representative of G.

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