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(영문) 수원지방법원 2016.04.21 2015나16009
대여금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 3,00,000 and the Plaintiff shall pay the full payment with respect thereto from November 7, 2014.

Reasons

1. Basic facts

A. The Plaintiff was the representative director of C Co., Ltd. (hereinafter “C”), and the Defendant was continuously supplied by C with goods, such as two parts, while running the two secondary sales business under D’s trade name.

B. On July 24, 2014, the Defendant issued to the Plaintiff a promissory note of KRW 35,000,000 (hereinafter “instant Promissory Notes”) issued by Pakistan Co., Ltd. (hereinafter “instant Promissory Notes”).

C. On July 24, 2014, the Plaintiff remitted KRW 3,000,000 to the account under the name of the Defendant.

On July 25, 2014, the Plaintiff remitted KRW 2,000,000 from the account under C’s name to the account under the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 7, Eul evidence No. 1, the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion 1) The Plaintiff urged the Defendant to settle the price of the goods unpaid to C, and received the instant bill from the Defendant on July 24, 2014 to secure the Defendant’s performance of the obligation to pay the price of the goods. The Defendant, upon delivering the said bill to the Plaintiff, requested that the Plaintiff pay KRW 5,000,000 as a bill of exchange. The Plaintiff agreed to lend KRW 5,00,000 to the Defendant without fixing interest and maturity for payment. On July 24, 2014, the Plaintiff received KRW 3,00,000 from the personal account under the name of the Defendant, from the personal account under the name of the Plaintiff, and transferred KRW 2,00,000 from the account under the name of C on July 25, 2014 to the Defendant’s payment of KRW 30,000,000 for the said bill of exchange to the Plaintiff and Nonparty 204, respectively.

B. Determination 1.

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