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Reasons
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(영문) 수원지방법원 성남지원 2017.01.05 2015가합3323
대여금
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1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from September 4, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On December 21, 2004, the Defendant established C Co., Ltd. (hereinafter “C”) for the purpose of wholesale and retail business of fishing products, and operated C by taking office as the representative director.

B. 1) Upon the Defendant’s request, the Plaintiff is a total of KRW 500 million (hereinafter “instant KRW 500 million”) five times between December 17, 2004 and April 12, 2005, for the purpose of establishing and operating C. The Plaintiff is a KRW 500 million (hereinafter “instant KRW 500 million”).

(2) The Defendant paid to the Plaintiff KRW 150 million on January 16, 2007, KRW 100 million on January 15, 2008, KRW 100 million on January 15, 2009, and KRW 350 million on January 15, 2009.

C. On June 16, 2005, the Plaintiff transferred KRW 50 million (hereinafter “instant KRW 50 million”) to the Defendant’s account under the Defendant’s name at the Defendant’s request. D.

1) Upon the Defendant’s request, the Plaintiff amounting to KRW 95 million under the name of the business fund to be engaged in fishing to the Defendant around November 2009 (hereinafter “instant KRW 95 million”).

(2) The Defendant paid KRW 70 million to the Plaintiff on April 5, 2012, with respect to KRW 95 million, and KRW 10 million on November 30, 2012, and KRW 30 million on October 22, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 17, purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The instant KRW 500 million was loaned by the Plaintiff to the Defendant for the purpose of C’s operating capital. At the time of the loan, the Defendant agreed to pay KRW 150 million each year from 2006, including the principal and interest KRW 50 million. However, the Defendant did not pay the Plaintiff the remainder of the instant KRW 350 million in addition to the repayment to the Plaintiff. 2) The instant KRW 50 million was leased to the Defendant for the purchase of goods under the name of “E”, which is the Defendant’s fish store operated by the Defendant.

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