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(영문) 부산지방법원 2018.04.18 2017나53491
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasons for the acceptance by the court of first instance are as follows, except for the case where the part of "decision on the merits" under paragraph (3) of the judgment of the court of first instance is below, and the reasons for the judgment of the court of first instance are as follows. Thus, it shall be cited by the main sentence of Article 420 of the

2. The part to be mard;

A. The summary of the argument is as follows: (a) upon the request of the Plaintiff B to lend the Defendant Company’s operating capital, the Plaintiff first lent money of KRW 70 million to the Defendant Company’s account under the condition that the Plaintiff would pay KRW 2 million monthly income; (b) first, the Plaintiff deposited KRW 43 million to the Defendant Company’s account; and (c) thereafter, the Plaintiff deposited KRW 38,300,000 from August 19, 2014 to November 25, 2014 to KRW 38,30,000 from the Defendant Company’s account as requested by the Defendant B. In such a way as above, the Defendant Company was jointly and severally liable to pay KRW 81,30,000 per month to the Defendant Company with interest or profit-making on the said money; and (d) KRW 38,300,000 won per month to the Plaintiff (= KRW 438,300,000,000,000).

The remaining 38.3 million won was personally borrowed by the representative director B of the defendant company, and the principal of the above 38.3 million won was paid, and the remaining amount of the debt is 16.3 million won, and there was no interest agreement between the defendant company and the defendant B.

B. The fact that the borrower, who borrowed KRW 138,300,000, transferred the money to the corporate account of the defendant company, is the defendant company is not a dispute between the parties.

Furthermore, upon Defendant B’s request, the Plaintiff from August 19, 2014 to November 1, 2014.

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