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(영문) 서울중앙지방법원 2019.12.11 2019가단5103457
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 12% per annum from May 17, 2019 to the date of complete payment.

Reasons

1. Basic facts

A. On July 13, 2017, the Plaintiff transferred KRW 48,000,000 from the Plaintiff’s national bank account to the Defendant’s bank account.

B. On May 30, 2018, the Plaintiff returned KRW 3,000,000 from the Defendant.

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff asserts that 45,000,000 won (hereinafter "the instant money") that was remitted to and not returned to the defendant as above was leased by the plaintiff to the defendant.

Accordingly, the defendant asserts that the amount of this case was received from the defendant C (hereinafter referred to as "non-party C") as the price for goods or advance payment, and that there was no means to conclude a loan for consumption with the defendant.

B. In 2017, the non-party company supplied home shopping bags by the defendant, but did not pay the price for the goods due to defects in quality, and paid the price for the goods sold and settled. 2) As a result, the defendant failed to pay the price for the goods, the defendant asked the non-party company's former representative D and the person in charge of the business of the defendant to lend the money upon requesting the non-party company's regular manager F to lend the money.

3) As seen earlier, the Plaintiff, a spouse of F, remitted KRW 48,00,00 to the Defendant, and received KRW 3,000,000, and borrowed KRW 17,000,000 on July 13, 2017 as well as KRW F’s G on the same day, and received full reimbursement twice until May 10, 2018. 4) The Nonparty Company sold the goods supplied to the Defendant on March 29, 2019, and paid KRW 172,514,100 to the Defendant on March 29, 2019.

5 The Standing Director of the Defendant, who belongs to the Defendant, will pay the F, to the President on April 5, 2019, as approved by the representative of the Defendant.

“,” April 24, 2019, “The President had confirmed 29 days from 29 days before Seoul, and the schedule for deposit and delivery will be added to the liquor tax.

I transmitted a crime.

"," April 30, 2019, "financial circumstances are difficult."

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