logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2014.12.12 2014가단34921
대여금
Text

1. The Defendant: (a) KRW 32,00,000, and KRW 5% per annum from February 1, 2014 to September 16, 2014; and (b) from the following day.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an investment agreement with the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and remitted the amount of KRW 20,000,000 on March 25, 2013 to the Nonparty Co., Ltd.

On the other hand, the Plaintiff transferred KRW 12,00,000 to Nonparty C as investment money, around April 15, 2013, in relation to the operation of Nonparty C’s restaurant as “D” operated by Nonparty C.

B. Around July 30, 2013, the defendant, the debtor, and the creditor, shall be the plaintiff and the plaintiff shall be the plaintiff.

As stated in the foregoing paragraph, the loan certificate was prepared to the effect that the sum invested KRW 32,00,000 as the loan and the repayment would be made until January 31, 2014 (hereinafter “the loan certificate of this case”) was issued to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant agreed to return to the Plaintiff the amount invested by the Plaintiff in the non-party company and the amount invested in the non-party C with the preparation of the loan certificate of this case. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 32,00,000 based on the loan certificate of this case and damages for delay at the rate of 20% per annum under the Civil Act from February 1, 2014, the day following the due date specified in the loan certificate of this case until September 16, 2014, the delivery date of the application for change of the purport of the claim and the claim of this case, from September 16, 2014, the delivery date of the application for change of the purport of the claim of this case, and from the next day to the date of full payment.

I would like to say.

B. As to the judgment on the defendant's assertion 1, the defendant first asserts that since the amount claimed by the plaintiff is an investment in the non-party company or a loan to the non-party C, the defendant is not liable.

In this case, the money stated in the loan certificate of this case against the non-party corporation or against the non-party C.

arrow