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Reasons
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(영문) 전주지방법원 정읍지원 2017.04.25 2015가단4243
대여금
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1. The Defendants each amounting to KRW 10,500,000 to the Plaintiff, as well as Defendant B, from February 16, 2016; and Defendant C, from November 5, 2015.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendants asserted that they would give priority to supplying their produced fish to the Plaintiff, and the Plaintiff loaned KRW 30 million to the Defendants. However, the Defendants did not pay not only the Plaintiff the fish produced at all but also the amount of KRW 30 million. Therefore, the Defendants are liable to pay the Plaintiff the said KRW 30 million and the damages for delay. 2) The Defendants’ assertion did not borrow money from the Plaintiff, but also received KRW 25 million as advance payment for the supply of fish to the Plaintiff.

The Defendants supplied the Plaintiff with fish of KRW 24.9 million in total, including the full-time fishing of KRW 4 million and the sublime fishing of KRW 7.5 million. The amount to be returned by the Defendant is only KRW 100,000.

B. Determination 1) The Plaintiff asserted that he lent KRW 30 million to the Defendants, but the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge the Plaintiff’s lending. However, the Plaintiff’s assertion includes the purport of seeking the return of advance payment paid to the Defendants in order to be supplied with fish, and therefore, we examine this.

In full view of the facts in dispute, the facts in Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, the plaintiff entered into a contract with the defendants on August 6, 2012, under which the defendants and the defendant Eul's ships (name: D: fishing vessel number: E: total tonnage: 3.60 tons) receive KRW 30 million from the plaintiff, but the defendants were to deliver 33% of the fish produced by fishing to the plaintiff (hereinafter "the contract in this case"), and the plaintiff paid KRW 25 million to the plaintiff on the same day. The plaintiff paid KRW 4 million from the defendants.

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