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(영문) 대전지방법원 2017.08.31 2015가단219136
대여금
Text

1. The Defendant shall pay 48 million won to the Plaintiff and 15% per annum from September 4, 2015 to the date of complete payment.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff is obligated to pay KRW 165 million to the Plaintiff on the ground that he/she lent a total of KRW 213 million to the Defendant from September 27, 2013 to March 24, 2015, and he/she received KRW 165 million from the Defendant’s account, and the Defendant is obligated to pay KRW 48 million to the Plaintiff. 2) As the Plaintiff’s assertion alleged, the Plaintiff borrowed a total of KRW 213 million from the Plaintiff. However, the Plaintiff’s assertion that the Plaintiff is the Plaintiff, including KRW 165 million, who is the Plaintiff’s person, is identical to the Plaintiff, while managing the Defendant’s funds, and without any actual transaction and any money transferred from the Defendant’s account to D (E) and B&D construction company, and thus, the amount transferred from the Defendant’s account to D (E) and B&D construction company is equal to the amount of the instant loans paid to C&D without any legal basis.

B. Determination 1) The Plaintiff is obligated to pay 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 27, 2013 to March 24, 2015, to the Defendant Company a total of KRW 210,000,000,000 from September 27, 2013 to March 24, 2015, and the Plaintiff out of the said money was paid KRW 165,00,000 from the Defendant. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 48,00,00,000 (= KRW 213,00,000 - KRW 165,000) due to the Plaintiff’s request, on the record that the copy of the instant complaint was served on the Defendant as requested by the Plaintiff. 2) As to the Defendant’s assertion as to the Defendant’s payment of KRW 165,000,00.

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