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(영문) 대전지방법원 천안지원 2017.03.15 2016가단12560
대여금
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual interest from September 14, 2016 to March 15, 2017, and the following.

Reasons

1. Basic facts

A. The plaintiff is a father of C, and the defendant is a spouse in a de facto marital relationship with C.

Section 2 (Period of Contract) This Agreement shall be from 15 December 2015 to 31 December 2016.

Article 6 (Duty to Guarantee Transaction Deposit and Guarantee of Security) 1) In order to secure rights arising from the entrusted business between A and B as a whole by Gap and Eul, at the same time as this contract is entered into, Eul shall provide 20,000,000 won in cash (20,000,000 won in security deposit and credit guarantee insurance). Eul shall be deemed to have established a collateral security interest for this contract.

on December 22, 2015: Youngwon G Co., Ltd.

B. On December 22, 2015, the Defendant entered into an interim management contract with Youngwon-si, Co., Ltd. with respect to D points as follows:

(hereinafter “instant contract”). C.

On January 15, 2016, the Plaintiff borrowed KRW 21,000,000 from Aju Capital Co., Ltd. and notified the Defendant of KRW 20,000 among them, the Plaintiff transferred the remainder of KRW 1,00,000 to the Defendant’s new bank account (Account Number 505837-01-0243), respectively.

On January 15, 2016, the Defendant immediately remitted KRW 1,000,000 remitted from the Plaintiff to C.

E. On August 18, 2016, the Plaintiff sent a certificate of content to the Defendant demanding the return of KRW 21,000,000.

[Grounds for recognition] Gap's evidence Nos. 1, 2, 3, 4, 5, 7, Eul's evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion made a loan of KRW 21,00,000 to the defendant, and the defendant is obligated to pay that to the plaintiff.

B. The following circumstances recognized based on the facts recognized as above and the purport of the entire pleadings, namely, the Defendant, at Youngwon-gu Co., Ltd., should pay KRW 20,000,000 to Youngwon-gu Co., Ltd., and the Plaintiff.

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