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(영문) 대구지방법원 김천지원 2018.07.17 2018가단1151
대여금
Text

1. The defendant shall pay 85,700,000 won to the plaintiff and 15% per annum from February 7, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff transferred money to the Defendant from the account in the name of the Plaintiff or C Co., Ltd. (the representative of the Plaintiff’s type of sales and the Plaintiff’s wife is a company director; hereinafter “C”).

On February 2, 2016, the remittance account note (won) No. 1: C 50,000,000 on February 20, 2016, Plaintiff 30,000 on February 20, 2016, and Plaintiff 99,200,000 on February 24, 2016, Plaintiff 15,000,000 on November 16, 2016, collectively KRW 194,20,000 on November 16, 2016.

B. The Defendant transferred money from the account of the Defendant or the Plaintiff Company D (hereinafter “D”) to the account of the Plaintiff or the Plaintiff Company C as follows.

Defendant C 5,00,000 on February 15, 2016; Defendant C 10,000 on March 15, 2016; Defendant C 20,000 on March 26, 2016; Defendant C 10,00,00 on March 26, 2016; Plaintiff C5,00,00 on April 9, 2016; Plaintiff C 6,00,00,00 on April 6, 20, 200; Plaintiff C 6,00,00,00 on April 6, 2016; Plaintiff C 5,00,00 on April 20, 2016; Plaintiff C 3,000,000 on April 23, 2016; and Plaintiff C 1,5, 2016 on May 3, 2016.

2. The Plaintiff asserted that the Defendant lent the total amount of KRW 194,200,000 to the Defendant, and asserted that the Defendant paid only KRW 108,50,000 among them, and claimed the remainder of KRW 85,70,000.

In this regard, the defendant alleged that the above money was not leased to the defendant as the expenses incurred by the plaintiff for the acceptance of the E Corporation in South Yangyang-si.

The whole pleadings shall be made on each entry of Gap evidence 10, 12-1, and 2.

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