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(영문) 대구고등법원 2016.01.12 2014나4799
대여금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff operated the Plaintiff Company C, and operated the clothing manufacturing business and trade business, and the Defendant, with the trade name D, operated the clothing provision site in Vietnam.

B. On September 19, 2010, the Plaintiff sent to the Defendant, under the Defendant’s name of SP global, KRW 68,435 U.S. dollars ($ 1.55 U.S. dollars per unit price) at the Vietnam Factory, and on September 24, 2010, the outer reduction of KRW 73,694 U.S. dollars ($ 2 per unit price) to the Defendant, and requested the Defendant to set the dice by sealing the above original unit (hereinafter “instant original unit”).

C. On October 10, 2010, the Plaintiff paid USD 24,300 to the Defendant, USD 5,000 on the 16th of the same month, USD 1,200 on the 18th of the same month, USD 10,000 on the 19th of the same month, USD 10,000 on the 21st of the same month, USD 10,000 on the 26th of the same month, USD 10,00 on the 26th of the same month, USD 5,00 on the 26th of the same month, USD 5,00 on the 10th of the same month, USD 76,50 on the 19th of the same month, and USD 76,500 on the 1

[Ground of recognition] Facts without dispute, Gap evidence 1, 3-1, 2, 4-1, 2-2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff loaned USD 76,50 to the Defendant nine times from October 10, 2010. The Defendant did not pay the loan at all until the end of November 2010. The Defendant is obligated to pay the Plaintiff the amount of KRW 85,727,860, the sum of exchange rate conversion of each payment date of the loan, and delay damages for the loan amounting to KRW 85,727,860, which is the sum of exchange rate conversion of each payment date. 2) The Plaintiff entered into an original salary system entrustment agreement with the Defendant, and sent the Plaintiff the amount of KRW 68,435,694, the outer salary reduction of KRW 73,694, to the Defendant Vietnam Factory, and the Defendant made the remainder of KRW 11,434,60, the outer salary reduction of KRW 19,798, the outer salary reduction of KRW 19,798, the outer salary reduction of KRW 364,53685,7468.7.7

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