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(영문) 광주지방법원순천지원 2015.06.11 2015가단2007
대여금
Text

1. The Defendant’s KRW 20,480,00 for the Plaintiff and 5% per annum from January 13, 2015 to May 28, 2015.

Reasons

1. Basic facts

A. On January 13, 2012, the Plaintiff organized a successful bid of KRW 50 million ( monthly payment amounting to KRW 2.5 million; hereinafter referred to as “instant system”) that consists of 21 members, including the Plaintiff, who is the leading owner, and the Defendant is its fraternity.

B. The instant fraternity: (a) the first fraternity was paid a monthly payment of KRW 50 million by the members of each fraternity; (b) the fraternity was awarded the total amount of the share price without deducting interest; (c) the fraternity was awarded the highest interest by participating in the tender; and (d) the fraternity was awarded a successful tender among the remaining fraternity members, and the KRW 2.5 million has not been awarded a successful tender for the month payment that has been continuously made; and (e) the fraternity’s share and the amount of the monthly payment that has not yet been awarded a successful tender for the first time [the amount of the monthly payment by the successful bidder = 2.5 million won - (interest calculated by the successful bidder ± the total number of fraternitys, not the total number of fraternitys; and (e) the fraternity’s amount of the monthly payment that has not been paid for the first time.

ii)be paid up to 20 times by means of payment.

C. On May 13, 2013, the Plaintiff was issued a cash custody certificate (Evidence A 1) stating that “The Plaintiff shall pay KRW 26.3 million (i.e., an amount of KRW 50 million (i., an amount of KRW 50 million - interest KRW 23.7 million) to the Defendant, and that “the Defendant shall pay KRW 2.5 million each month over 16 times in the previous 16 times)” as the collateral.

Since then, the Plaintiff received KRW 200,000,000 from the Defendant as the deposit amount of the instant accounts on May 29, 2012, KRW 1520,000 on June 15, 2012, KRW 250,000 on July 16, 2012, KRW 250,000 on February 13, 2013, KRW 100,00 on March 4, 2013, KRW 50,000 on March 14, 2013, KRW 250,00 on April 17, 2013, and KRW 1,520,00 on June 3, 2013, from Nonparty C, respectively.

(The plaintiff asserts that the amount paid by the defendant is KRW 1902,00,000, but it seems to be a mistake in calculation).

The instant fraternity was dispatched before September 13, 2013, which was the scheduled expiration period.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including each number; hereinafter the same shall apply), all pleadings.

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