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(영문) 대구고등법원 2016.01.20 2015나1711
대여금 등
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The following facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 4 through 8, 10 through 15 (including the branch numbers, if not specially indicated; hereinafter the same shall apply) and the purport of the whole pleadings, and there is no counter-proof.

Plaintiff

A is the representative director of Plaintiff B (hereinafter “Plaintiff B”), and the defendant is the representative director of Mongolian D Limited Liability Company (hereinafter “D”).

D has been carrying out business (hereinafter referred to as the "instant business") that constructs G golf courses in Mongolian U.S. and sells its membership in lots and sells connected travel products (hereinafter referred to as "instant business").

E Limited Company (hereinafter “E”) is a company established on December 22, 2008 for the purpose of operating the instant business through D by holding 100% of D’s equity interest.

B. On August 19, 2010, Plaintiff B borrowed KRW 130,000,000 from the Defendant at the maturity rate of 1.5% per November 19, 2010.

“A certificate of borrowing (Evidence 10-1) was delivered, and 30,000,000 won was transferred to the bank account under the name of the Defendant, and 130,000,000 won was transferred to the bank account under the name of the Defendant at the Defendant’s request, and 100,000 won was transferred to the bank account under the Defendant’s name. On September 7, 2010, Plaintiff B transferred to the Defendant a certificate of borrowing (Evidence 11-1) that “1,00,000 won was borrowed at the rate of 2% per month from the Defendant.” At the Defendant’s request on the same day, Plaintiff B wired 22,00,000 won to the bank account under the name of the Defendant, and 33,00,000,000 won was transferred to the bank account under the name of the Defendant, and 45,000,000 won was each remitted to the bank account under the name of the Defendant (Defendant’s wife).

Plaintiff

B, upon the Defendant’s request on October 5, 2010, transferred each of the KRW 177,000,000 to L’s bank account on October 6, 2010, KRW 21,000,000 to Defendant’s bank account on October 12, 2010, and KRW 2,000,000 to Plaintiff’s other bank accounts under Plaintiff B’s name (total of KRW 23,00,000).

Plaintiff

B Upon the defendant's request on September 17, 2010, the defendant is from the defendant.

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