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(영문) 광주지방법원 2020.08.21 2018가단24214
대여금
Text

1. The Defendant’s KRW 106,100,000 and the Plaintiff’s annual rate of KRW 5% from December 31, 2017 to May 25, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that runs the business of installing a bridge, a floating bridge, and a ship-going boat manufacturing. The Defendant is a person who received a fixed fee from the Plaintiff and received a delivery order from the Plaintiff for the Plaintiff.

B. On May 9, 2016, the Defendant prepared and awarded to the Plaintiff a certificate of borrowing “106,100,000 won.”

(hereinafter “this case’s loan certificate”). C.

On June 20, 2016, the defendant, along with D representative director of the Dispute Resolution Co., Ltd., registered as a director, shall repay the debt to the plaintiff within December 30, 2017.

Upon receipt of a fee from the plaintiff, the LAC shall repay part of the loan borrowed by each defendant.

“A letter of agreement for the repayment of borrowed money was drawn up and issued.”

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff loaned 48,866,500 won to the Defendant by lending money each time the Plaintiff requested for business expenses by the end of January 2013. From 2014, the Plaintiff lent 54,000,000 won in total by means of monthly payment, such as salary, and the Cock Card also allowed the Defendant to use it within a certain period from January 2014 to September 2015.

(Total Amount of KRW 27,00,000). The plaintiff extended KRW 10,200,000 to the defendant and paid KRW 35,102,370 to the defendant as a fee (business income). In addition, the plaintiff paid KRW 6,50,000 to the amount of KRW 6,50,000 with the rate of the new City/Do equipment and the anchor.

As above, from KRW 181,68,870 to be paid by the Defendant to the Plaintiff, KRW 55,00,000 and KRW 57,052,00,00, such as business expenses of the E company and KRW 20,502,00 to be paid by the Plaintiff to the Plaintiff, shall be deducted, and either KRW 106,166,870, or KRW 106,100,00 shall be settled, and the loan certificate of this case shall be drawn up by agreement between the Plaintiff and the Defendant.

Therefore, the defendant shall, in accordance with the loan certificate of this case and the repayment agreement of the borrowed money to the plaintiff, make 106.

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