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(영문) 인천지방법원 2021.02.04 2020나65510
대여금
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the appeal.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 5, and Gap evidence No. 6, and there is no counter-proof.

A. The Plaintiff is a credit service provider that registered a loan business with the trade name “E” as the spouse of D.

B. Defendant C is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(c)

On November 24, 2017, the Plaintiff deposited KRW 20,000 into the Defendant Company’s account.

(d)

On December 5, 2017, Defendant Company deposited KRW 10,400,000 to the Plaintiff’s account.

E. On December 31, 2018, the Plaintiff deposited KRW 10,000 to Defendant C, and KRW 10,000 to the Defendant Company on January 31, 2019.

2. The parties' assertion

A. The Plaintiff asserted 1) through D, that the Defendant C lent KRW 20,000 to the Defendant Company’s operating capital, thereby demanding reimbursement within two to three months per week.

2) On November 24, 2017, the Plaintiff agreed to receive interest of 2% per month, and transferred KRW 20,000 to the Defendant Company’s account, to which the Defendants were given.

3) On December 5, 2017, Defendant Company paid to the Plaintiff KRW 10,00,000,000 and KRW 400,000,00,000,00 for loans and KRW 20,000,00,000,00 for loans and KRW 20,000.

4) The Plaintiff received interest of 2% per month upon a request from Defendant C to the effect that the Defendant Company’s operating funds are required. On December 31, 2018, the Plaintiff transferred KRW 10 million to Defendant C’s account and KRW 10 million to Defendant C’s account on January 31, 2019, respectively.

5) The Defendants are jointly and severally liable to pay the Plaintiff a loan of 30 million won and interest or delayed damages at the rate of 24% per annum thereon.

B. The Defendants’ assertion 1) F Co., Ltd. (hereinafter “F”) required KRW 1.5 billion to undertake an urban development project in Gyeonggi-gu G G, Gyeonggi-gu, and the Defendants introduced D to F.

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