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(영문) 서울서부지방법원 2015.01.29 2013가단50131
대여금
Text

1. The Defendant’s KRW 13,694,832 as well as 5% per annum from November 1, 2013 to January 29, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On November 2010, the Plaintiff invested KRW 100,000,000, after entering into an agreement with the Defendant and the Defendant’s rural village C to operate a business of importing and selling t lease in China (hereinafter “instant business”). On February 14, 2011, the business registration was completed under the name of the Defendant, whose trade name was “D” for the said business.

B. The Plaintiff transferred USD 28,500 on November 15, 2010 to C, and USD 30,000 on December 8, 2010, respectively.

C. In relation to the instant business, the Defendant opened and used the Plaintiff’s mother’s deposit account in the Han Bank (hereinafter “I Bank”) as collateral, and the Plaintiff withdraws from the partnership relationship around September 201, and thereafter, the Defendant, C, and Nonparty E continued to operate the said “D,” and promised to repay the Plaintiff’s obligation to pay for the Masp loans by March 201.

However, the above loan was not repaid, and on June 11, 2013, the Plaintiff offered the Plaintiff’s deposit in the name of the Plaintiff (mortgage 14,988,589) instead of deposit in the Plaintiff’s mother’s name, which was offered as a security to Han Bank with the Defendant on the debt of the loan in the Mapo Bank. On October 31, 2013, the Plaintiff repaid KRW 13,694,832 of the balance of the loan in the Mapo Bank.

[Reasons for Recognition: Each entry of Evidence Nos. 1 through 3, 8, 9, 15, and 24, and the purport of the whole pleadings]

2. Determination:

A. The gist of the parties’ assertion (1) (1) The Plaintiff’s summary of the Plaintiff’s assertion: (a) opened a letter of credit (LC and 90-day maturity) in the name of G operated by the Defendant F in the initial stage of the business, and paid the price in D when the maturity comes.

However, if C lends USD 58,500 to it first, it will come later after the maturity of the credit (90 days).

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