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(영문) 서울중앙지방법원 2018.09.13 2017가합576374
손해배상(기)
Text

1. The defendant,

A. The Plaintiff A’s KRW 130,000,000 per annum from February 21, 2014 to September 13, 2018; and

Reasons

1. Facts of recognition;

A. On August 5, 2013, the Defendant: (a) lent KRW 50,00,00 to the Plaintiff; (b) the Plaintiff could have repaid the amount of KRW 50,00,00 to the Plaintiff within three months; and (c) the interest may also be paid for six months. It is true to the effect that: (a) the Plaintiff is running a construction project at several places; (b) the building is located in the building which is remodeled by Hongcheon-gun, Gangwon-do; and (c) there is no need to inform the Plaintiff of the interest and the principal due to the completion of the construction project; and (b) the Plaintiff’s transfer of KRW 50,00,00 to the Defendant’s SC Japan Bank account on September 5, 2013; and (c) the Defendant issued a loan certificate and a money loan loan certificate from the Defendant; and (d) the Defendant could have repaid the Plaintiff’s interest within three million,000,000 won.

Accordingly, on the same day, the plaintiff A remitted 30,000,000 won to the above account, and the defendant received a loan certificate equivalent to the same amount and a notarial deed of money loan contract from the defendant.

3) On October 25, 2013, the Defendant borrowed KRW 50,000,00 to the Plaintiff, but the Plaintiff refused and demanded collateral. The Plaintiff falsely stated that “A shall make a payment within three months by adding up KRW 80,000,000 borrowed prior to borrowing KRW 50,000 to KRW 80,000.” Accordingly, the Plaintiff’s payment is the FF Co., Ltd. (hereinafter “F”) operated by the Defendant on the same day.

(4) The Defendant, around October 25, 2013, remitted KRW 50,000 to the SC Bank account in the name of the SC Bank account. Then, considering that the Defendant failed to repay KRW 130,000,000,000, the Defendant prepared a receipt and a certificate of loan to the Plaintiff that “the Plaintiff shall repay KRW 180,000,000 to November 25, 2013.”

5) On January 28, 2014, the Defendant paid KRW 191,00,000 to Plaintiff A by February 20, 2014, and transferred the said company shares and the Hongcheon VIP membership.

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