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(영문) 수원지방법원 2018.02.14 2017가단10998
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from March 18, 2017 to the date of full payment.

Reasons

Facts of recognition

The following facts are acknowledged by each entry in Gap evidence 1, 2, 4, 7, and 8 (including paper numbers) and the purport of the whole pleadings, or not by dispute between the parties.

Upon receipt of the request for loans from Defendant B, the Plaintiff transferred the total amount of KRW 130 million, including KRW 120 million on February 16, 2007, and KRW 100 million on December 25, 2007, to Defendant B’s account under the name of Defendant B’s representative director, using one’s own wife D and E head of Tong, which is one’s wife.

On December 22, 2016, the Plaintiff filed a criminal complaint against Defendant B who did not pay the above money, and on the following criminal facts, sentenced Defendant B to a suspended sentence of two years (Seoul Central District Court Decision 2016Kadan7001). After which the appeal was dismissed, the judgment became final and conclusive as it is.

(Seoul Central District Court 2017No147). From September to October of 2007, the Defendant (Defendant B) stated to the effect that “The Defendant (Plaintiff) at G hotel coffee shop in Gangnam-gu Seoul, Seoul, “The head of H Gun gathering from the Plaintiff shall be the Military Mutual Aid Association. H Gun shall receive a PF loan from the Military Mutual Aid Association, and the amount of KRW 120 million borrowed from the Military Mutual Aid Association to the previous amount of KRW 10,000,000,000,000,000,000,000,000,000 won.” However, even if the Defendant borrowed money from the victim, it was thought that it was used for the operation expenses of the Plaintiff (Defendant Company) and the existing personal debt repayment purpose of the Plaintiff’s bank, which it had been provided for in the name of 200,000,000 won or more, and the Defendant did not have any special intent to borrow money from the victim or the Defendant’s bank.

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