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(영문) 광주지방법원 2015.03.31 2014가단24193
대여금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 92,173,489 and KRW 50 million among them, the Defendant (Counterclaim Defendant)’s payment to the Plaintiff (Counterclaim Defendant) on August 18, 2013.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that: (a) the Plaintiff lent KRW 20 million to the Defendant on May 20, 2013; (b) KRW 30 million on July 18, 2013; and (c) KRW 50 million on consignment sales contract with the Defendant on July 18, 2013; and (b) around May 2012, the Plaintiff agreed to pay a certain percentage of business fees for the contract amount if the Defendant orders the contract through the Plaintiff’s business activities for selling carbon packing materials; and (c) around June 2012, the Plaintiff agreed to pay a certain percentage of business fees for the contract amount if the Defendant orders the contract. In addition to the above business consignment sales contract with the Defendant, the Plaintiff was entrusted with the construction of the above business consignment sales contract with the Defendant on behalf of the Defendant; (d) KRW 50 million on behalf of the Defendant; and (e) KRW 50 million on behalf of the Defendant, KRW 50 million on behalf of the Plaintiff (the Plaintiff’s conjunctive packing materials sales contract with the Defendant’s production facilities.

B. As to the Defendant’s assertion, around April 2012, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with the Plaintiff to sell for KRW 100 million, and received KRW 20 million on May 20, 2013 as part of the purchase price, and KRW 50 million on July 18, 2013, and borrowed money from the Plaintiff, and even in relation to the claim for construction cost that the Plaintiff performed on behalf of the Defendant, the Defendant was obligated to pay the said construction cost to the Plaintiff, and the Defendant did not have any obligation to pay the construction cost to the Plaintiff, and the Defendant did not have any obligation to pay the construction cost to the Plaintiff.

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