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(영문) 부산지방법원 2018.09.19 2017가합49894
대여금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 91,00,000 and its KRW 43,000,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on July 18, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a corporation that runs a soil construction business, reinforced concrete construction business, construction business, etc., and the Plaintiff is a person who has been engaged in the Defendant’s fund execution and accounting business from August 2012 to November 2014.

B. The Plaintiff deposited KRW 10 million with the Defendant’s IBK Bank account (Account Number: D), KRW 10 million on October 18, 2013, KRW 19 million on October 21, 2013, and KRW 10 million on October 31, 2013, and deposited KRW 4 million with the Defendant’s internal director E’s bank account (Account Number: G) on November 20, 2013.

C. On April 23, 2014, the Plaintiff and the Defendant drafted the loan certificate (hereinafter “the loan certificate of this case”).

The main contents are as follows:

A loan certificate creditor: A joint and several surety for the defendant: H

1. Principal: one hundred million won;

2. Payment of the principal monthly from May 2014 to KRW 10 million as of the due date.

3. Interest KRW 3 million per month; and

4. Time of payment of interest: The first day of each month;

5. Loss of benefit of time: even if the defendant pays interest on one occasion, he shall lose the benefit of time when he is in arrears, and if the plaintiff requests the principal and interest even before the due date, the defendant shall make a repayment without objection.

From May 1, 2014 to August 31, 2014, the Plaintiff received payment from the Defendant for the total amount of KRW 12 million (=3 million per month x 4 months) based on the instant loan certificate.

E. From September 1, 2014, the Defendant lost the benefit of time by failing to pay interest arising from the instant loan certificate.

F. The Plaintiff, while working as the representative director of K Co., Ltd. I (mutual name after the change: J. I. hereinafter “I”), borrowed KRW 150 million in total from K on May 18, 201 and May 19, 201, and KRW 500,000,000 from September 14, 201.

On November 14, 2012, the Plaintiff transferred KRW 30 million from the Defendant’s L Bank Account (Account Number: N) to K’s post office account (Account Number: N) in order to repay the Defendant’s debt to K with the Defendant’s funds unrelated to I, and paid KRW 6 million to K.

The plaintiff on 2012.

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