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(영문) 서울북부지방법원 2014.08.14 2012가단24207
대여금
Text

1. The Defendant shall pay 27,210,000 won to the Plaintiff and 20% per annum from June 20, 2012 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On Nov. 19, 2008, the Plaintiff and C established a business entity related to D (business name E)’s clothes and liquid accounting, and closed the above D on Apr. 23, 2009, while operating the said business together with F, and on May 13, 2009, the Plaintiff and C established Defendant B (hereinafter “Defendant Company”) with F as the representative director, and the Defendant Company agreed to accept the claim and obligation of D in the above personal name.

B. The Plaintiff and Nonparty F, the representative director of the Defendant Company, filed an application for lease with the Defendant Company for a IMW G 430 vehicle (hereinafter “instant vehicle”) under the name of Nonparty G, the Plaintiff was in fact responsible for operating the vehicle, and the Plaintiff agreed to lend the vehicle to the Defendant Company if the vehicle price is paid to the Plaintiff.

(hereinafter referred to as “instant agreement”). C.

Under the above agreement, the Defendant Company entered into a lease agreement with the non-party leasing company on October 19, 2009, and paid the lease fee between November 23, 2009 and June 22, 2012.

On October 22, 2009, the Defendant Company deposited KRW 29,919,000 for the instant vehicle into the account in the name of G on October 22, 2009.

E. In accordance with the agreement of this case on October 23, 2009, the Plaintiff transferred KRW 6 million out of the above money to the Defendant Company, the customer of the Defendant Company, to K, the customer of the Defendant Company, and KRW 3.1 million to K, the customer of the Defendant Company, and KRW 5.9 million on the same day. The Plaintiff lent KRW 10 million to the Defendant Company.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 6 (including the serial number), 10, 11, 13, 15, 16, 16.

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