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(영문) 의정부지방법원 고양지원 2017.01.12 2014가단41547
차용금
Text

1. As to KRW 43,155,195 and KRW 29,009,425 among the Plaintiff, the Defendant shall be from January 1, 2014 to January 12, 2017.

Reasons

1. Determination on the cause of the claim

A. On May 1, 2011, the Plaintiff received a loan of KRW 50,00,00 from a new bank on April 29, 201, and remitted KRW 30,000,000 among them to the Defendant on May 1, 2011, and received a loan of KRW 50,000,000 from a national bank on May 2, 2011, and remitted KRW 30,000,000 among them to the Defendant through D on May 3, 2011, and then lent it to the Defendant through D. The Plaintiff did not clearly state that the Plaintiff loaned KRW 8.5% of the interest rate applied to the above loan ( KRW 9.5% of the new bank, KRW 9.5% of the national bank), KRW 35,606,460 of the principal of the above loan to the Defendant, KRW 3005,00 of the total amount of the loan to the Defendant on May 31, 2011.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 31,893,540 (i.e., the above loans KRW 30,000,000,000 - KRW 35,606,460) and interest or delay damages thereon.

B. From around 2008, the Defendant: (a) from around 2008, engaged in the business with “F Point” (hereinafter “F Point”); (b) had the name of the F Point’s business registration certificate as the Plaintiff; and (c) had D and the Defendant bear 50% of the global income tax, etc. on the F Points; (b) paid KRW 10,00,000, out of the global income tax on the F Point for the year 2012 on May 31, 2013, the Plaintiff paid KRW 50% of the global income tax on the F Point for the year 2012; and thereafter, the Plaintiff did not pay the global income tax on August 26, 2014 and October 16, 2014 on behalf of the Defendant.

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