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Reasons
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(영문) 대구지방법원김천지원 2019.05.16 2018가단31497
대여금
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1. The Defendant’s KRW 30,000,000 and the annual rate of KRW 5% from May 22, 2018 to May 16, 2019, and the following.

Reasons

1. Basic facts

A. At the port of port, the Plaintiff installed a restaurant around the construction site of D apartment in South-gu, Seoul (hereinafter “port site”), and operated the said restaurant from September of the same year from around August of 2012.

The Plaintiff paid a total of KRW 50 million to the Defendant through E during the period from July 23, 2012 to April 2, 2013, in return for assisting the Plaintiff to use the restaurant.

B. The Plaintiff paid a total of KRW 30 million to the Defendant, including KRW 20 million on June 6, 2013, and KRW 10 million on July 1, 2013 (hereinafter “instant loan”).

C. On April 5, 2014, prior to the commencement of the construction, the Plaintiff entered into an on-site restaurant contract with G, stating that “the Plaintiff shall transfer the operating cost of the restaurant in the vicinity of the masssan site to G in KRW 100 million,” and around that time, transferred the right to operate the said restaurant to G.

The Plaintiff operated a restaurant in the vicinity of the construction site of D Apartment (hereinafter referred to as “Gyeongju”) in a racing between February 2016 and August 2016.

The Plaintiff and the Defendant agreed to assist the Plaintiff in using the above restaurant by the Plaintiff and to pay the Defendant KRW 10 million in return (hereinafter “instant agreement”), and the Plaintiff paid KRW 10 million to the Defendant on February 1, 2016 in accordance with the instant agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 5, the purport of the whole pleadings

2. Determination on the loan claim of this case

A. The Plaintiff’s assertion 1 Plaintiff asserted by the parties concerned: (a) on June 6, 2013, KRW 20 million to the Defendant; and (b) on July 1, 2013, KRW 10 million, respectively, was set and lent on August 1, 2013; and (c) the Defendant paid the Plaintiff the instant loan amounting to KRW 30 million and its interest.

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