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(영문) 수원지방법원 평택지원 2018.11.06 2016가단6656
대여금
Text

1. As to KRW 50,00,000 among the Plaintiff and KRW 36,830,880 among them, the Defendant shall pay to the Plaintiff KRW 13,169,120 from May 28, 2016.

Reasons

1. In full view of the facts without dispute over recognition, Gap evidence Nos. 1 and 4 (including additional numbers), and the whole purport of the pleadings, the plaintiff extended KRW 60,000,000 to the defendant, who is the representative director of C, a stock company, and paid KRW 500,000 on the 10th day of each month from March 10, 2014, while lending KRW 60,000,000 to the defendant, who is an employee of C, a stock company, on February 13, 2014. If the defendant retires a stock company, he/she shall lose the benefit of time and make a full repayment. The defendant is recognized to have not worked in C from March 2016, and the plaintiff is deemed to have been paid KRW 60,00,000 from the above KRW 60,000.

Therefore, with respect to the Plaintiff KRW 50,000 and KRW 36,830,880 among them, the Defendant is obligated to pay to the Plaintiff 50,000 and KRW 36,830 from May 28, 2016 to May 13, 16,169,120, which is the day following the delivery date of a duplicate of the complaint of this case, to the Plaintiff, 5% per annum under the Civil Act until November 6, 2018, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of a duplicate of the complaint of this case.

In regard to this, the defendant agreed that C shall not be obliged to pay the remaining principal when C dismisses the defendant without any justifiable reason. Since C was dismissed without a justifiable reason, the defendant shall not be obliged to pay the above money to the plaintiff. However, the evidence submitted by C alone is insufficient to deem C to have dismissed the defendant without a justifiable reason, and there is no other evidence to acknowledge this otherwise.

2. To accept part of the Plaintiff’s claim for conclusion

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