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(영문) 의정부지방법원 2019.07.09 2018나203495
대여금반환
Text

1. The judgment of the court of first instance is modified as follows.

Defendant B shall pay to the Plaintiff KRW 104,80,000 and KRW 85,00,000 among them.

Reasons

1. Basic facts

A. Defendant B, from October 1, 2005 to July 1, 2015, engaged in the wholesale business, including lub oil, with the trade name “D”, and Defendant C, from March 9, 2015, engages in the wholesale business, including lub oil, with the trade name “E” from March 9, 2015.

B. The Plaintiff worked in D from July 25, 2006. After the establishment of the above E, the Plaintiff worked in E and retired from office on April 5, 2016.

[Ground of recognition] Facts without dispute, Eul's evidence Nos. 1, Eul's evidence Nos. 1, 1 and 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to whether the Plaintiff’s loan claim against Defendant B exists

A. On February 4, 2008, the Plaintiff asserted that the cause of the Plaintiff’s claim occurred. Around February 4, 2008, Defendant B loaned KRW 85 million to Defendant B as business funds were needed, and Defendant B agreed to pay the Plaintiff KRW 900,000 per month interest on the said loan at the end of December, 2013. The Plaintiff did not receive KRW 14.8 million per month interest on the principal amount (=90,000 won x 22 months) from February 2015 to November 2016.

Therefore, with respect to Defendant B, 14.8 million won and damages for delay are claimed against Defendant C, and with respect to Defendant C, the Plaintiff’s above loan claim against Defendant B is the preserved claim for revocation of fraudulent act.

B. According to the judgment on the cause of the claim (1) whether the Plaintiff paid KRW 85 million to Defendant B, as stated in the evidence Nos. 1, 2, 3, and 8, and the first instance court’s order to submit financial transaction information to H Co., Ltd. on August 29, 2017, the Plaintiff: (a) determined that the Plaintiff paid KRW 260 million to the Plaintiff’s real estate owned by the Plaintiff on January 31, 2008; (b) transferred KRW 95 million to the Plaintiff’s account on January 31, 2008; and (c) returned KRW 85 million to the Plaintiff’s account on February 4, 2008; and (d) withdrawn KRW 85 million from the Plaintiff’s account on February 4, 2005:

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