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(영문) 서울서부지방법원 2016.12.15 2016가단223237
대여금
Text

1. The Defendant shall pay Plaintiff A KRW 20 million and the interest rate of KRW 15% per annum from June 18, 2016 to the date of complete payment.

Reasons

1. Comprehensively taking account of all the arguments in Gap evidence Nos. 2 through 6, Eul evidence No. 6 and Eul evidence No. 6, the plaintiff Gap loaned a total of KRW 50 million to the defendant on July 22, 2014, and KRW 10 million on August 21, 2014, and he received KRW 50 million from the defendant on September 2, 2014, and the defendant received reimbursement of KRW 20 million on August 20, 2014. ② The plaintiff Eul was not obligated to pay interest KRW 50 million on August 21, 2014, KRW 50 million on August 21, 2014, KRW 200,000 to the defendant on August 21, 2014, KRW 50,000,000 to the defendant's representative director account, and the defendant was not obligated to pay KRW 275 million on September 1, 2014.

2. Judgment on the defendant's assertion

A. The defendant asserts that the plaintiff A transferred KRW 50 million to the defendant's account is not a loan, but an investment amount related to the Lone Star Business, not a loan. The defendant suffered losses exceeding KRW 20 million due to the above plaintiff's business obstruction, such as prohibiting the above plaintiff's representative director D's access to office, etc., and thus the defendant cannot respond to the above plaintiff's request. However, the defendant cannot be accepted as a claim against the above facts of recognition.

B. While the Defendant asserts that Plaintiff B paid the total of KRW 10,153,500 to June 20, 2014, the Defendant paid the total of KRW 10,153,500 to Plaintiff B during the above period. However, in light of the fact that the time was prior to the said Plaintiff’s remittance, etc., the Defendant regularly remitted a certain amount to Plaintiff B during the above period.

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