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(영문) 인천지방법원 2016.12.06 2016가합53134
대여금
Text

1. The defendant shall pay to the plaintiff 7,207 g of net money.

If it is impossible to enforce a compulsory execution against the net money, the net money.

Reasons

1. Indication of claim;

A. On October 23, 2006, Samwon Metal Co., Ltd. lent a net amount to the Defendant, concluded a contract with Samwon Metal Co., Ltd. to recover gold byproducts from the Sejong Factory owned by the Defendant, and lent a net amount of 2,779.4g to the Defendant on the same day.

B. The latter metal company transferred the precious metal refining business to the Plaintiff.

Accordingly, the Plaintiff accepted the above contract as it is and lent the net money to the Defendant, and continued the transaction by collecting the gold by-products from the Defendant and deducting the amount calculated as a result of the analysis from the lending quantity. The balance as of May 13, 201 is 7,207g.

C. Therefore, the Defendant is obligated to return the net gold 7,207g to the Plaintiff. In the event that compulsory execution is not possible, the Defendant is obligated to pay the amount calculated by converting the net gold 50,000 won per 1g, according to the net gold price announced in the Korea Gold Exchange as of November 15, 2016, which was the date of closing the argument of the instant case, and the delay damages therefrom.

2. Judgment made based on the deemed confession based on the basis of recognition (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

3. In case where the compulsory execution is impossible, some of the creditors may seek a joint claim for compensatory damages in advance against the original claim for benefits. In this case, the subject amount shall be calculated on the basis of the price of the original benefits at the time of the closing of arguments at the fact-finding court.

(See Supreme Court Decision 75Da450 Decided July 22, 1975. Accordingly, the Plaintiff is a juristic person running precious metal refining business, and the Defendant is a person operating gold public hall and thus it is difficult to apply “price” as it appears to be based on ordinary consumers. The price standard for the subject amount is less than KRW 46,53 won per kilogram 174,50 won = 174,500 won/375g, and KRW 175g, which is the “price when selling” among the net gold announced at the Korea Gold Exchange as of November 16, 2016.

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