logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.01.10 2016가합802
대여금
Text

1. The Defendant’s KRW 500,000,000 as well as its annual 12% from September 10, 201 to May 4, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a person registered as the representative of D in Jung-gu Incheon Metropolitan City, and the actual operator of D is the defendant's husband E.

The defendant lent the passbook opened in his own name to E to use it.

B. Around 2011, F promoted a waste treatment business (hereinafter “instant business”) with the trade name of G, and the instant business was carried out as the proposal of EDoF.

At the time, F was a situation where the account was not established as a bad credit holder.

Accordingly, F used the Agricultural Cooperative Account in the name of the defendant E for the instant project together with E.

C. The Plaintiff decided to invest KRW 500 million in or lend to F with respect to the instant business, and remitted KRW 60 million in the account under the name of the Defendant to F on March 9, 201, KRW 40 million on March 30, 2011, KRW 50 million on April 28, 2011, KRW 50 million on May 6, 2011, KRW 150 million on May 31, 201, KRW 20 million on July 8, 2011, KRW 30 million on July 5, 2011, KRW 50 million on August 18, 201, KRW 150 million on May 31, 201, KRW 50 million on July 15, 201, KRW 90,000,000 on September 15, 201.

On November 201, 201, the Plaintiff demanded F to prepare and change a loan certificate. The F, with the consent of E, had the Defendant affixed the Defendant’s seal on the loan certificate in the name of the Defendant (No. 2, hereinafter “the loan certificate in this case”) with the amount borrowed KRW 500,000 won, the repayment date, December 31, 2012, and the interest rate of KRW 12% per annum.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 6, witness F's testimony, the purport of the whole pleadings

2. The parties' assertion

A. At the request of the Plaintiff F, E, and H 3, the Plaintiff agreed to lend a total of KRW 500 million to 12% per annum. Accordingly, the Plaintiff transferred a total of KRW 500 million to the Defendant’s account in the name of the Defendant (hereinafter “the instant loan”).

Since then, F prepared the instant loan certificate to the Plaintiff via H, the Defendant prepared the instant loan certificate.

arrow