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Reasons
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(영문) 서울중앙지방법원 2014.10.01 2014가합4854
대여금반환 등
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1. The Defendant: (a) KRW 210,309,996 for the Plaintiff and 5% per annum from February 11, 2014 to October 1, 2014; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On March 18, 2014, A Co., Ltd. (the above company was declared bankrupt on March 18, 2014, and the Plaintiff was appointed as a trustee in bankruptcy, and in this case, regardless of whether it was before or after the bankruptcy, hereinafter referred to as “Plaintiff”) with the purpose of online advertising business, design business, etc. lent money to the Defendant that was the representative director of the Plaintiff as indicated in the following table, and the Defendant repaid part of the above loans to the Plaintiff as listed below.

Defendant - 10,00,00 on May 22, 2013; 100,00 on June 7, 2013; 200,00 on August 27, 2013; 8,000,00 on October 2, 2013; 00,00 on October 8, 200, 200 on October 10, 2013; 10. 8,00,000,00 on October 48, 200, 200; 10. 10,00 on October 15, 200, 200; 18,40,000 on August 30, 200; 10, 2003; 130,000 on October 20, 2013;

B. In addition, the Defendant paid the Plaintiff’s executive officers and employees KRW 32,300,924 on December 2, 2013 on behalf of the Plaintiff’s employee, and received KRW 16,229,080 on behalf of the Plaintiff. The Defendant did not receive KRW 16,229,080 on the aggregate of the benefits for November 201 and 12.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including paper numbers), Eul evidence Nos. 4 through 7 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of recognition prior to the determination of the cause of claim, barring special circumstances, the Defendant is obligated to pay the Plaintiff the amount of KRW 100,700,000 paid by the Defendant to the Plaintiff at KRW 359,540,00,00, and the amount of KRW 32,300,924 paid by the Defendant on behalf of the Plaintiff, and the Defendant’s paid amount of KRW 16,229,080 paid by the Defendant on behalf of the Plaintiff (i.e., KRW 359,540,000 - 100,70,700,300,000 - 32,30,30,924 - 16,229,080), and interest for delay thereon.

B. The defendant.

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