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(영문) 수원지방법원 2014.11.13 2013가단211465
대여금
Text

1. The Defendant: (a) KRW 30,762,100 for the Plaintiff and KRW 5% per annum from July 19, 2013 to November 13, 2014; and (b).

Reasons

1. The parties' assertion

A. The Plaintiff lent KRW 57,050,000 to the Defendant as shown in the attached Table.

In addition, around October 2006, the Defendant lent KRW 100,000 to the Defendant funds necessary for accepting the “D” for entertainment taverns located in C, and lent KRW 5,00,000 in cash as the price name of the said entertainment taverns, and KRW 2,660,00 to the Defendant on behalf of the Defendant.

(1) On November 16, 2006, KRW 80 million and KRW 100 million were withdrawn on the same month, and the remainder was paid as the acquisition price for entertainment tavern. Around December 2007, the Defendant lent KRW 7 million in the purchase price for vehicles and KRW 7 million in apartment rental deposit, and around December 13, 2007, paid KRW 4.8 million to E on behalf of the Defendant (cash KRW 8 million, KRW 4 million in cash, KRW 4 million in account transfer).

The Plaintiff and the Defendant agreed to adjust the relationship by taking into account the repayment period, and the Defendant did not pay to the Plaintiff the remainder KRW 39,462,100,000,000,000 to the effect that the Plaintiff would pay by April 10, 2010, and the loan certificate on April 15, 2009 to pay KRW 30,537,90,000 by April 20, 201. However, the Plaintiff and the Defendant did not pay to the Plaintiff the remainder of KRW 39,462,10.

On the other hand, the Plaintiff lent KRW 40 million to the Defendant on May 25, 2011, but the Defendant paid KRW 20 million and did not pay the remainder of KRW 20 million.

Therefore, the defendant is obligated to pay to the plaintiff 59,462,100 won (39,462,100 won) and damages for delay from the day after the delivery of the complaint to the day of full payment.

B. When the Plaintiff works for the Defendant in a singing room operated by the Defendant, the Defendant paid KRW 2 million per month to the Defendant’s bank and card company and paid the Defendant’s obligations to the Defendant’s bank and card company, but the Plaintiff did not properly perform the monthly payment agreement.

Since then, the plaintiff solicits the plaintiff to take over the entertainment bars located in C to lend KRW 100 million, and KRW 100 million from the plaintiff.

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