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(영문) 부산지방법원동부지원 2016.11.22 2016가단211257
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 18,50,000 and interest rate of KRW 15% per annum from May 4, 2016 to the date of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is to seek return of KRW 18,500,000 and the shares of this case against the Defendant for the following reasons.

① Around July 2015, while teaching with the Defendant, the Plaintiff loaned KRW 38,500,000 over nine occasions until September 19, 2016, including the transfer of KRW 10 million on July 27, 2015 and KRW 16 million on September 2, 2015. Of them, the Plaintiff was paid KRW 20 million and was not repaid the remainder of KRW 18,50,000.

② After that, on the condition of marriage around January 2016, the Plaintiff transferred 1,000 shares of the Plaintiff Company to the Defendant (a par value of KRW 5,000) and 200 shares to the Defendant’s children.

③ However, the Defendant brought a dispute about the purchase of Jeju-do land.

④ Therefore, the Defendant is obligated to pay the Plaintiff KRW 18,500,000 to the Plaintiff, and as the marriage conditions have not been fulfilled, the Defendant is obligated to return the instant shares.

B. The defendant's assertion is that the plaintiff did not have a duty to pay a sum of KRW 18.5 million to the defendant to obtain a refund. The plaintiff sold 100 million shares of the plaintiff company from the plaintiff to 5.0 million won. The defendant donated 200 shares of the plaintiff to son in order to obtain a refund.

2. Determination

A. In full view of the following circumstances, Gap’s evidence Nos. 1 through 10 (including additional numbers), Eul’s evidence Nos. 1 through 6 and the purport of the entire pleadings as to the loan claim: (i) the defendant remitted total of KRW 38,500,00 from July 16, 2015 to February 19, 2016, such as remitting the amount of KRW 10,000 to the plaintiff on July 27, 2015, and KRW 16 million; and (ii) the defendant urged the defendant to pay the amount to the plaintiff on April 3, 2016, as seen below:

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