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(영문) 창원지방법원진주지원 2020.07.10 2020가단33120
대여금
Text

1. The Defendant’s KRW 107,00,000 and the Plaintiff’s annual rate of KRW 5% from September 21, 2017 to July 10, 2020, respectively.

Reasons

1. Facts of recognition;

A. On October 10, 2016, the Defendant borrowed KRW 100,000,000 from the Plaintiff, and issued and delivered the certificate of borrowing as described below.

The next certificate of use;

1. Amount: daily installment of KRW 100,000 (Won 100,000);

2. Objectives: The defendant shall create a farming village (30 households) on the ground of Gangwon-do Crossing-gun, and at the same time undertake solar power generation projects (the Gangwon-do branch office permission written on April 26, 2016), enter the plaintiff as a business director necessary to ensure the success of the project, and simultaneously perform affairs concerning solar power generation business (the office of Gangwon-do, the branch office of which is permitted on February 29, 2016), which is installed in Taesi-si D, in order to perform affairs related to solar power generation business (the office of Gangwon-do, the branch office of which is permitted on February 29, 2016).

3. In the event that the plaintiff needs funds for personal purposes within the scope of the borrowed money, the funds for P/F financing for the business shall be made, or when the land-related funds for the start-up of return to rural area (the land sale price for the defendant) are executed from the E-cooperative crossing-gun branch, the provisional payment shall be made.

B. On September 11, 2017, the Plaintiff sent to the Defendant a certificate of content that, at the same time, the Plaintiff deducted the F’s G-powered power plant sales contract amounting to KRW 17,000,000 from the total amount of KRW 17,000,000 and KRW 10,000 from the total amount of KRW 17,00,000,000 from the loan amount as stated in the preceding paragraph, and at the same time, deducted the remainder of KRW 10,00,000 from the development permit rent down payment by September 20, 2017.

C. Meanwhile, on September 19, 2017, the Defendant lent KRW 100,000,000 to the Defendant on October 10, 2016, through content-certified mail to the Plaintiff. After which, the Plaintiff was employed as the Defendant’s director, the amount of KRW 17,00,000, which the Defendant borrowed from the Plaintiff was 117,00,000,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is under special circumstances.

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