(영문) 대구지방법원 2021.01.14 2019가단144452

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Reasons

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자간(%)

(영문) 대구지방법원 2021.01.14 2019가단144452

대여금

Text

1. The Defendant paid KRW 3,306,00 to the Plaintiff KRW 5% per annum from November 8, 2019 to January 14, 2021.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were related to the Plaintiff, and the Plaintiff set up a mobile phone store called C, and the Defendant respectively set up a mobile phone store called D.

B. The Plaintiff and the Defendant had lent money to the other party from July 2017 to December 13, 2018. The Plaintiff and the Defendant received payment from the other party. The Plaintiff and the Defendant received the settlement fee from the other party (the other party’s refund of the sales incentive that the other party received from the communications company to the principal who should have originally reverted the said money, in collusion with the other sales room where it is not possible to make the said transaction because the transaction exceeds the degree of transaction with the communications company in accordance with the agreement with the communications company with regard to the transaction that is paid for the sales incentive) using the other sales code.

(c)

The defendant operated by the plaintiff

C In fact, if the plaintiff was operated as a partnership, and the defendant brought a lawsuit against the plaintiff claiming the payment of the amount of money in accordance with the partnership relationship. However, the defendant's claim was dismissed on the ground that there is insufficient evidence to acknowledge that C was a company operated as a partnership with the plaintiff.

(d)

The money which the plaintiff has remitted to the defendant or remitted to a third party designated by the defendant during the above period shall be in attached Form.

1. The same details as the Plaintiff remittance statement, and the money which the Defendant has remitted to the Plaintiff or remitted to the third party requested by the Plaintiff during the same period is attached hereto.

2. The same shall apply to the statement of remittances from the defendant;

[Judgment of the court below]

2. The parties' assertion

A. The Plaintiff’s assertion attached Form

1. The money indicated in the Plaintiff’s remittance statement is the money that the Plaintiff lent to the Defendant, and even if the Defendant paid part of which, however, remains at least 50,000,000 won, the unpaid amount remains. Of which part of which is the claim, 32,782.

유사 판례

-대구지방법원 2021.01.14 2019가단144452

-서울북부지방법원 2018.12.13 2018고단4161

-대구지방법원 2014.05.01 2014고단1622

-서울남부지방법원 2017.02.09 2016고단5520

-수원지방법원 성남지원 2012.12.21 2011고정2022