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(영문) 인천지방법원 2019.10.25 2018가합56953
대여금
Text

1. The Defendant: (a) KRW 100,000,000 to Plaintiff B, as well as 5% per annum from June 27, 2017 to May 2, 2019, and thereafter.

Reasons

Basic Facts

Plaintiff

B is the head of the plaintiff A, and the defendant is the head of the plaintiff A's interest relationship.

Plaintiff

A from around 2014, since the Defendant performed the work related to the D business with the Defendant.

I would like to borrow the loan amounting to KRW 150 million to the plaintiff B, KRW 100 million on June 26, and KRW 50 million on June 27.

In this way, I will be punished by any civil or criminal punishment.

On June 20, 2017, the Defendant drafted to Plaintiff B the following loan certificates (hereinafter “the instant loan certificate”).

【In the absence of dispute, Plaintiff A lent money to Defendant by means of remitting KRW 248,704,723 in total to the third party’s account directed by Defendant or Defendant from April 16, 2015 to May 29, 2018 at the request of the Defendant, as well as the purport of the entire argument by the parties to the determination, and the gist of Plaintiffs’ assertion by the parties to the determination.

Therefore, the defendant is liable to pay the above 248,704,723 won and damages for delay to the plaintiff A.

Plaintiff

B upon the request of the Defendant through Plaintiff A in 2015, the Defendant lent KRW 150 million to the Defendant, and the Defendant continued to pay the above loan, and the Plaintiff B was also given the opportunity to prepare the instant loan certificate.

Nevertheless, the Defendant, via Plaintiff A on July 28, 2017, paid KRW 50 million among the above loans, but did not pay the remainder of KRW 100 million. Thus, the Defendant should pay the said KRW 100 million and the damages for delay to Plaintiff B.

The defendant's summary of the defendant's assertion is necessary to provide funds for the expansion of the D business, and it is only a receipt from the plaintiff, or a monetary transaction while operating the business with the plaintiff A, and there is no fact that the defendant borrowed money from the plaintiff A.

Plaintiff

B also pays the investment to the Defendant upon the recommendation of the Plaintiff A, and the amount is only KRW 95 million.

The plaintiffs shall make profits from the money already paid from the defendant to pay for the investment.

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