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(영문) 수원지방법원 2017.01.11 2016가단508894
대여금
Text

1. The Defendant’s KRW 84,240,00 for the Plaintiff and KRW 10% per annum from April 1, 2014 to January 11, 2017.

Reasons

1. Evidence 【Evidence】 1-1, 2, A2-1, 2, A4, A5-1, 2, and the purport of the whole pleadings;

A. On October 31, 2013, the Plaintiff and the Defendant lent KRW 200,000 (CNY 200,000) to the Defendant, but the interest has been postponed until the end of 2013, and the investment agreement between the Plaintiff and the Defendant has been made between the Plaintiff and the Defendant, the borrowed amount shall be converted to the investment, and the amount of investment shall be deposited into the CD Limited Corporation (hereinafter “instant Limited Corporation”) in China, and when the Defendant fails to perform this, the Plaintiff shall not raise an objection even if the Plaintiff claims the return of the principal and interest at any time, and the interest shall be deposited into the bank account designated by the Plaintiff at the end of each month, and the maturity date of the principal shall be October 31, 2015, and shall be deposited into the bank account designated by the Plaintiff.

B. On January 31, 2014, the Plaintiff invested KRW 200,000,000 (CNY 300,000 won in cash = 150,000 won in cash) to the Defendant by January 31, 2014, following the Defendant’s and the Defendant’s cash closure KRW 200,000,000 in cash. The Plaintiff made an investment in kind with KRW 150,00 in a car owned by the Plaintiff and replaced with a loan certificate until a share relationship is completed, and the amount of the loan shall be deferred until the end of February 2014, and the amount of the loan shall be converted to the amount of the investment. In the event that the Defendant fails to implement this, the Plaintiff did not raise an objection at any time to the Defendant’s request for return, and the Plaintiff made a deposit in the bank account designated by the Plaintiff at the end of 10% per month, and the deposit shall be made at the end of 150,101.

C. On November 14, 2013, the Plaintiff deposited KRW 00,000,000,000 in Chinese People’s Republic of Korea, and KRW 0,000,000 in Chinese People’s Republic of Korea on March 4, 2014, respectively.

On December 7, 2016, which is the date of the closing of the instant argument.

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