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(영문) 부산지방법원 서부지원 2021.01.20 2019가단103162
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 106,198,587 and KRW 100,000 among them to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative organized by individual entrepreneurs engaged in wholesale and retailing fishery products, and the Defendant was in office as an auditor of the Plaintiff Union from November 24, 2016 to November 24, 2018.

B. On April 26, 2016, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) to supply fishery products to C and sell fishery products using a distribution channel ( home shopping, online, or offline) by C.

(c)

The Defendant, as the representative of the “D”, who is a company that imports and processes abortions, provided the Plaintiff with the relevant business, and requested the Plaintiff to provide a financing due to the increase in the volume of revenues around December 2017.

(d)

Accordingly, on December 8, 2017, the Plaintiff borrowed 200 million won from C Representative E to pay interest at 1% per month in order to lend funds to the Defendant. On the same day, the Plaintiff lent KRW 200 million to the Defendant under the same conditions as lending from E. (hereinafter “instant loan”).

E. On April 30, 2018, the Plaintiff paid KRW 200 million to E, including KRW 50 million, KRW 50 million, and KRW 50 million on December 31, 2018. The Defendant repaid KRW 100 million out of the loan of this case on April 30, 2018, by supplying the defeat to the Plaintiff on March 30, 2018, and deducting KRW 100 million from the price of supply to the Plaintiff.

F. By December 31, 2018, the Plaintiff paid KRW 16,595,087 to E as interest for KRW 200 million in borrowed money.

G. In addition, the Defendant paid interest on the instant loan by adjusting the unit price for the goods supplied by the Plaintiff. The interest paid to the Plaintiff by December 31, 2018 is KRW 10,396,500.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6 through 11, and 13 (including branch numbers), respectively;

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