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Reasons
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(영문) 수원지방법원성남지원 2016.08.26 2015가단30274
대여금
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1. The Defendant (Counterclaim Plaintiff) paid KRW 50,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 23, 2006 to November 3, 2015.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff and the Defendant are members of the so-called “C” group, which were known from around 1981 to frienda as a member of the so-called “C” group.

B. 1) On July 31, 2002, the Defendant remitted KRW 100 million to the Plaintiff’s Housing Bank account (Account Number: D). 2) On August 1, 2002, E Co., Ltd. was established as KRW 100 million, the number of 200,000 capital, and the face value per share of KRW 500,00,000. The inside director and the auditor are the Plaintiff. The inside director are F and the auditor are the Plaintiff. The shareholders are F56,00 (28%), the Plaintiff, the Defendant, and each of 32,000 shares (16%).

3) At the time, the Plaintiff, who had been engaged in the process of establishment and tax-related business, deposited KRW 100 million transferred from the Defendant into a corporate account in order to pay the share capital, but on August 2, 2002, deposited in the National Bank Account (Account Number: G) in the name of Co., Ltd. E. (C) on March 22, 2006, the Plaintiff transferred the total amount of KRW 50 million to the Defendant from the National Bank Account (Account Number: I) of H, the Plaintiff’s wife.

2) The Defendant paid the Plaintiff’s national bank account (D) KRW 1 million on May 2, 2006, KRW 500,000 on June 22, 2006, KRW 500,000 on August 11, 2006, KRW 500,000 on August 28, 2006, KRW 500,500 on October 10, 2006, KRW 500,00 on November 13, 2006, KRW 50,000 on November 24, 206, KRW 150,000 on November 5, 2007, KRW 3,500 on the total of KRW 1,500 on the testimony of the court on March 26, 208, KRW 1,500 on each of the reasons for the order to submit taxation information.

2. Determination as to the claim on the principal lawsuit

A. On March 22, 2006, Plaintiff 1 lent KRW 50 million as one copy of the monthly interest to Plaintiff 1’s assertion by the parties.

The defendant has paid only nine-month interest, and has not paid the principal and interest up to now.

Therefore, the defendant is against the plaintiff.

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