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(영문) 서울중앙지방법원 2018.05.16 2016가단146540
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 75,850,000 and the interest rate of KRW 15% per annum from December 8, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The pertinent plaintiff of the parties is a director of the C Accounting Corporation, and the defendant is a representative director of the advertising company who has consulted the company.

The plaintiff and the defendant led to a long-term cooperative relationship as a friendship, and the defendant used the name of executive director of C Accounting Corporation.

B. On March 27, 2013, the Plaintiff remitted KRW 40 million to the Defendant on March 27, 2013 at the Defendant’s request. 2) The Plaintiff sent a me-mail demanding the Defendant to return KRW 40 million on November 2, 2016. On November 3, 2016, the Defendant: (a) lent funds to the Plaintiff to the Plaintiff for investment in D (hereinafter “D”); (b) “on November 3, 2016, the Plaintiff thought that there was no cash at that time; and (c) it was thought that the Plaintiff would have paid KRW 15 million to the Plaintiff; and (d) “EE” (hereinafter “E”), “the Plaintiff paid KRW 15 million to the Defendant for public disclosure services; and (e) paid KRW 20 million to the Plaintiff for more than 0 days during the preparation for the project, including 00 days for the project.”

C. C Accounting Corporation (hereinafter “F”) on August 26, 2015: (a) September 7, 2015; (b) KRW 57,360,000; (c) C Accounting Corporation (hereinafter “F”).

B) In comparison with F, C Accounting Corporation provided F’s advice on the sale of the former factory site, and F entered into a sales advisory service contract with the purport that if the sales contract for the said real estate is concluded with the remainder of the down payment, the sales amount shall be paid either 0.2% of the sales amount or 3.5 billion won as remuneration for services. (2) The Plaintiff and the Defendant agreed to divide the profits of the sales advisory service contract into two parts.

3 The F shall be September 4, 2015.

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