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(영문) 대구지방법원김천지원 2015.06.12 2014가합1952
대여금
Text

1. The Defendant’s KRW 107,00,000 and its related amount are 6% per annum from September 27, 201 to September 19, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant were elementary school clubs, and the plaintiff was engaged in the business of manufacturing Handphones with the trade name of C, and the defendant was working in D Hospital as the head of the planning office, but the defendant was engaged in the business after his retirement.

B. After that, around October 2008, the Plaintiff transferred to E a total of KRW 370 million, including KRW 172,500,000,000,000 to the Plaintiff on October 16, 2008, when the Plaintiff knew that the Defendant sold the three gold-type capital to Samsung Electronic Co., Ltd., and the Defendant expressed his intent to purchase the said machinery. The Plaintiff transferred the said KRW 200,000 to E, a total of KRW 172,50,000,000,000,000 to KRW 200,000,000.

In addition, the Plaintiff, around October 2008, remitted to F and G the amount of KRW 1 million for a factory contract, KRW 14 million for a deposit, KRW 14 million for a monthly rent of KRW 850,000,000 for a factory contract, and transferred to F and G on October 27, 2008 the amount of KRW 1,1650,000 [20,000 won for a factory contract of KRW 172,50,000 for a monthly rent of KRW 1,4,000 for a down payment of KRW 1,50,00 for a factory contract)] to the Defendant.

(hereinafter referred to as “the instant money”) 200 million won including the purchase price of gold-gu air, factory down payment, Defendant remittance amount, etc.

The defendant operated a mobile phone parts manufacturing factory with the trade name of "H" using the gold processing machine. In fact, the actual operation of the factory was made after the plaintiff's workplace and I who had worked in the factory E, and the defendant considered the business side work.

However, the Plaintiff did not participate in the operation of H at all.

I, for about two years from the beginning of H’s business, did not pay profits to the Defendant. However, around October 2010, after the business place was transferred from the Gu and Si to the Gyeonggi Commercialization, the profits accrued from the relocation of the business place from Gu and Si to the Gyeonggi Commercialization. Accordingly, from December 31, 2010 to August 31, 201, he remitted the Defendant KRW 500-6 million each month to the Defendant.

Meanwhile, the Defendant transferred to the Plaintiff KRW 8 million in total, including KRW 2 million on January 6, 2011, KRW 200 million on March 7, 2011, and KRW 2 million on August 5, 2011.

E. The Defendant, September 201, 201, H.

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