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(영문) 서울중앙지방법원 2018.11.27 2018가단26923
대여금 등
Text

1. The Defendant’s KRW 1,700,000 to Plaintiff A, as well as 5% per annum from May 15, 2018 to November 27, 2018, respectively.

Reasons

1. Basic facts

A. The parties have operated D Co., Ltd. (hereinafter “D”) with the business purpose of manufacturing and selling cosmetics, industrial products, and quasi-drugs, and Plaintiff B participated directly or indirectly in the Plaintiff’s business, such as Plaintiff’s work as the head of the Plaintiff’s university, as the head of the Plaintiff’s university, and as the head of the D’s intra-company director.

On the other hand, the defendant has been engaged in mining-related projects in Jongno-gu Seoul Metropolitan Government EF.

B. The details that Plaintiff A remitted to the Defendant on October 25, 201, transferred to the Defendant by Plaintiff B, the following amount was paid to the Defendant by account transfer: (a) KRW 10,000,000,000 on March 29, 2011; (b) KRW 10,000,000 on September 17, 2011; (c) KRW 10,000,000 on August 11, 2011; and (d) KRW 10,70,000,000 on KRW 10,70,000 on October 7, 201; and (e) KRW 30,000,000 on KRW 30,000 on KRW 30,00,000 by account transfer:

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs’ above money was lent to the Defendant, and the Defendant paid KRW 4,000,000 to Plaintiff A on October 5, 2012, but did not pay all principal and interest with respect to the remainder.

In addition, the Plaintiff’s lending of the above money to the Defendant was made at the Plaintiff’s recommendation, but the Defendant did not pay interest of KRW 200,000 to the Plaintiff, and the Plaintiff paid the amount equivalent to KRW 15,550,000 in total from April 30, 201 to April 13, 2018 on behalf of the Defendant as interest for the money borrowed from Plaintiff B.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 22,250,000 (i.e., the balance of the loan KRW 6,700,000 by subrogation) to the Plaintiff, and KRW 30,550,000 to the Plaintiff B, and damages for delay to the Plaintiff.

B. Of the funds claimed by the Plaintiffs, the funds borrowed by the Defendant were only KRW 5,700,000 on September 17, 2012, and the said borrowed funds were fully repaid around October 5, 2012.

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