(영문) 서울중앙지방법원 2015.01.14 2014가단76708

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(영문) 서울중앙지방법원 2015.01.14 2014가단76708

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from March 26, 2014 to the day of full payment.

Reasons

1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 to 5 and Eul evidence No. 1 as to the cause of the claim, the plaintiff shall be deemed to have been the defendant on April 8, 2009, and the same year.

8. 6. 10 million won in total and 70 million won in loans, and the defendant may recognize the fact that the defendant has repaid the above loans with the payment of 40 million won in total and 30 million won in total and has failed to pay the remainder of 30 million won.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 30 million won which has not been repaid among the above loans and 20% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 26, 2014 to the day of full payment, which is the day following the delivery of the complaint in this case.

2. Judgment on the defendant's defense of set-off

A. The defendant asserts that, inasmuch as C, her husband, has claims of KRW 8,323,00,000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. We examine whether C’s claim against the Plaintiff that the Defendant acquired is satisfied.

(1) 8,323,00 won for disguised loans: It is unclear what the meaning of disguised loans the defendant claims is, and it is insufficient to recognize it only with the descriptions of evidence No. 2 and No. 3-5, and there is no other evidence to acknowledge it.

② On June 27, 2011, the Defendant: (a) received 50% of the profit from the Plaintiff on June 27, 2011; and (b) supplied the amount equivalent to KRW 314,490,00 for filling alterations, which is requested by the main text company to supply, in the name of D operated by the Plaintiff; (c) the Plaintiff is obligated to pay C the half of the profit amounting to KRW 38,770,000, out of KRW 77,540,000; (d) however, the Plaintiff is obligated to pay C half of the profit amounting to KRW 77,540,00.

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