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(영문) 서울북부지방법원 2016.10.28 2015가단20381
대여금
Text

1. The Defendant’s KRW 45,884,174 as well as 5% per annum from November 14, 2014 to October 28, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. On August 28, 2012, the Defendant, the representative of C Co., Ltd. (hereinafter “Nonindicted Company”) said that “A should include KRW 200 million as a security deposit in the course of carrying out the services related to D district redevelopment project.” At present, KRW 50 million should be added to KRW 50 million, and if a loan is made only KRW 50 million, KRW 2.5 million shall be paid monthly interest and service charges and KRW 2.5 million shall be paid monthly interest and service charges, and if a payment is made after six months, KRW 150 million shall be paid as a security deposit.”

B. On August 28, 2012, the Plaintiff paid KRW 50 million to the passbook in the name of the Defendant, and thereafter, the Defendant issued to the Plaintiff a letter of payment and a letter of loan with the following content.

[Written Extraordinary] The amount of KRW 50 million (150,000,000) deposited in the D Zone D on August 28, 2012 shall be paid KRW 2.5 million to each service provider of the D Zone as monthly interest and service cost (Automatic transfer). After about six months, the service cost shall be immediately paid to the KOBC when the service cost is paid to the KOBC.

Documents attached: A person who receives B from the representative of the Dispute Settlement Bank Co., Ltd. on August 28, 2012: A [Attachment] L, the amount of which is KRW 50,000,000 per day (50,000) shall be borrowed from A on August 28, 2012 by the representative of the Dispute Settlement Bank Co., Ltd. on a service charge deposit.

on August 28, 2012: The borrower B

C. From September 3, 2012 to November 13, 2014, the Plaintiff received a total of KRW 23,300,000,00 as indicated in the “the Defendant’s repayment details” in the name of the Defendant or Nonparty Company.

On August 10, 2016, the Defendant was indicted for fraud in Seoul East Eastern District Court 2015Mo2674 on the charge that deceiving the Plaintiff and defrauding KRW 50 million. On August 10, 2016, the Defendant filed an appeal after being sentenced to imprisonment for 6 months and 2 years of suspension of execution.

[Recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. Assertion and determination

(a)a party’s assertion;

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