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Reasons
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(영문) 수원지방법원 성남지원 2017.01.12 2015가합205020
대여금
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1. As to the Plaintiff’s KRW 36,150,00 and KRW 35,000 among them, Defendant B shall be from October 3, 2009 to January 12, 2017.

Reasons

1. Basic facts

A. Defendant C is the representative director of D Co., Ltd. (hereinafter “D”).

B. On September 3, 2014, Defendant B prepared and proposed to the Plaintiff a letter of performance with the following content (hereinafter “instant letter of performance”).

Defendant B, each letter of performance, in October 2008, borrowed KRW 45,00,00 as the deposit for the lease of an apartment in which he/she resides as of October 31, 2008 and paid KRW 320,000 as interest per month, but fails to comply with it. Defendant B, each letter of performance, paid KRW 10,00,000 on September 15, 2014 in the future, and paid KRW 1,150,000,000 on November 15, 2014, and repaid the total amount of the debt by December 31, 2016.

C. On September 30, 2014, Defendant B prepared and provided the following factual confirmations (hereinafter “instant factual confirmations”) to the Plaintiff.

Defendant B, as the Plaintiff,

1. When the D representative director lent KRW 290,000,000 to Defendant C, the principal was guaranteed and the Plaintiff was urged to pay KRW 3,00,000 as interest per month. Around February 2007, there was a fact that the documents on the money lent to the Plaintiff were not whatever and the documents on the money lent to the Plaintiff were not delivered as a substitute for the “stock sales contract” to demand documents.

2. The D representative director C lent KRW 100,000,000 to a personal purpose, and if the D representative C lends KRW 90,000,000 per month, he/she received delivery of the content that he/she would pay KRW 675,00 per month as interest, and solicited the Plaintiff to pay KRW 675,00 per month. The Plaintiff was on February 8, 2007;

9.17.2 times in total 190,000,000;

3. The D representative director: (a) delivered the contents of golf membership purchase to Defendant C; and (b) solicited the Plaintiff to lend money in the name of the corporate golf membership to the Plaintiff; and (c) the Plaintiff deposited KRW 21,360,000 with the purchase price of golf membership on May 18, 2007.

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