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부산지방법원 2019.05.17 2018나50291

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The relevant Plaintiff and the Defendant were those who run each of their own clothes store in the D market located in Busan Jung-gu, Busan, and the Defendant purchased and sold the clothing from the Plaintiff from April 2015.

B. On October 4, 2015, the Defendant: (a) the loan certificate between the Plaintiff and the Defendant stating that the Plaintiff will pay KRW 10 million to the Plaintiff by January 30, 2016 (hereinafter “the first loan certificate”).

(2) On February 11, 2016, the Defendant prepared and issued a loan certificate stating that all the existing loan certificates issued to the Plaintiff shall be null and void, that KRW 20 million shall be repaid until May 30, 2016, and that interest shall be set at 1% per month (hereinafter “second loan certificate”).

3) The Defendant’s agreement on September 29, 2016, stating that the Plaintiff will pay the amount of KRW 4,648,000 per share to the Plaintiff KRW 300,000 per share (hereinafter “Agreement on the Purchase of Goods”).

(4) On October 1, 2016, the Defendant prepared and rendered to the Plaintiff a certificate of borrowing KRW 20 million each month from November 20, 2016 to the effect that the Plaintiff will be repaid in the form of a fraternity.

5) From October 2, 2016 to November 29, 2011, the Defendant repaid to the Plaintiff a total of KRW 1,250,000,000 out of the price under the goods sales agreement. (c) From May 7, 2015, the Defendant traded with the Defendant from around May 7, 2015 as the number of days loan service providers. The Defendant borrowed KRW 5 million from E at the time. Of them, the KRW 1,880,000 was transferred to the Defendant’s account on May 7, 2015 through the account in the name of F used by E, and the remainder was paid directly to the Plaintiff for the payment of the goods to the Plaintiff.

2) Since then, E transferred KRW 4,70,00,00 to the Defendant via the above F’s account, and KRW 4,600,000 on June 18, 2015, and KRW 4,600,000 on August 25, 2015, and KRW 50,000 on October 5, 2015, respectively, via the said F’s account. Meanwhile, on November 16, 2015, the Defendant received KRW 3 million from G, the Plaintiff’s birth.

The plaintiff filed a complaint against the defendant around October 7, 2016.