logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.04.06 2016가단43915
대여금
Text

1. The Defendant: (a) KRW 44.2 million to the Plaintiff and the Plaintiff’s 5% per annum from November 1, 2016 to April 6, 2017.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole together with the purport of the entire pleadings in each entry in Gap evidence 1.

The Plaintiff, on December 16, 201, remitted each of the KRW 50 million to the deposit account in the name of C, and KRW 9.2 million on February 2, 2012.

B. The Defendant remitted each of the KRW 2 million to the Plaintiff’s deposit account on January 10, 2012, KRW 5 million on January 14, 2012, KRW 200,000,000 on February 13, 2012, KRW 200,000 on February 21, 2012, and KRW 4 million on February 28, 2012.

2. The assertion and judgment

A. On December 16, 201, the Plaintiff, at the Defendant’s request, remitted KRW 50 million to the Defendant’s deposit account in the name of C, which was designated by the Defendant, and leased the money to the Defendant, and received reimbursement from the Defendant of KRW 7 million out of that amount (=5 million won).

In addition, on February 2, 2012, the Plaintiff transferred KRW 9.2 million to the deposit account in the name of C on February 2, 2012 at the Defendant’s request, and leased KRW 10 million in total to the Defendant by paying in cash to the Defendant, and received reimbursement from the Defendant (= KRW 2 million in total).

Therefore, the Defendant is obligated to pay to the Plaintiff the balance of the borrowed amount of KRW 45 million (i.e., KRW 10 million - KRW 7 million - KRW 8 million) and damages for delay.

(2) The defendant did not borrow money from the plaintiff.

On June 2010, the Defendant received a request from D to make an investment in the coffee shop business using gambling apparatus, and invested KRW 5 million in the name of E on June 21, 2010, and KRW 30 million in total, such as remitting KRW 20 million in the name of E and F on June 28, 2010, to the deposit account in the name of E and F, in which the Plaintiff agreed to make an investment in the said business, and thereafter, transferred KRW 5 million in the deposit account in the name of D on December 16, 201, and KRW 9.2 million on February 2, 2012.

The Defendant’s transfer of the sum of KRW 15 million to the Plaintiff’s deposit account (i.e., KRW 8 million) is a separate monetary transaction between the Plaintiff and the Plaintiff.

(b) Determination (1) B.

arrow