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(영문) 인천지방법원 2018.05.04 2017가합53384
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 216,00,000 and the interest rate of KRW 15% per annum from March 28, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On May 7, 2010, the Defendant joined a corporation C (hereinafter “C”) that mainly engages in the production, wholesale, retail, etc. of mobile phones as the representative of the Plaintiff and retired on January 7, 2016.

B. From April 29, 2010 to June 30, 2012, the Plaintiff wired a total of KRW 232 million to the Defendant’s national bank account, the agricultural bank account, and the Defendant’s motherD’s account over 22 occasions. The Defendant wired a total of KRW 6 million to the Plaintiff on July 2, 2010 and July 6, 2010.

(1) On April 29, 2010. 10, 2010. 10,00,000 Defendant Agricultural Cooperative Account (Account Number: E) 210,00,000,00 410,000 610,000 7. 20,000 10,000 7. 10,000 10,000 ; 10,000 8. 10,000,000 ; 10,000 9. 10,000,000 ; 10,000 ; 10,000 ; 10,000 on July 8, 200, 200; 10,000; 10,000 on August 10, 2010;

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff loaned KRW 226 million to the Defendant from April 2010 to June 2012, 2012. Of them, the Plaintiff sought payment of KRW 216 million for the remainder of loans excluding the amount of money (the loan No. 21) that was already filed by filing a separate suit.

On the other hand, the defendant asserts that the fact that he received the money of the plaintiff's assertion from the plaintiff is not a loan but a performance benefit that he received from the plaintiff.

B. We examine the judgment and draw up a document, such as a loan certificate, between the parties.

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