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(영문) 의정부지방법원고양지원 2020.09.02 2019가단89650
대여금
Text

1. The defendant shall pay to the plaintiff KRW 82,227,00 and KRW 70,00,000 among them, 24% per annum from July 11, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 2017, the network C, the representative director of the Defendant, requested the Plaintiff to lend the amount of KRW 50,000,000 on February 20, 2017, and the Plaintiff transferred the total of KRW 70,000,000 on February 11, 2017 to the account of D, which was the Defendant’s employee, at the request of the network C.

B. As indicated below, the Defendant remitted total of KRW 28,373,00 to the Plaintiff’s account from July 11, 2017 to March 14, 2019.

The remittance amount (won) 2017-07-11 5,00,000 2018-08-01,000 2017-01,00 2017-09-27 3,384,500 2018-09-20 1,934,000 2018-02-13,384,50 2018-11-09 2,901,901,000 2018-04-062,00,000, 2000-2,200-12-1261,934,000, 200-18-18-18, 1930, 2019-10, 3004, 3070-10, 309-407, 3007

D transferred the interest without withholding to the Plaintiff according to the direction of the net C, or remitted the amount after deducting the amount equivalent to the business income tax of 3.3%.

C. The Defendant prepared a pre-paid list by treating most of the amounts remitted to the Plaintiff as unpaid costs, and as a other self-employed person, withheld 3% of income tax and 0.3% of local income tax, as if the Plaintiff’s income was generated.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 3, 4 (including each number), witness D, the purport of the whole pleadings

2. Determination as to the cause of action

A. At the time of the Plaintiff’s establishment of a monetary loan for consumption, the following evidence, including the fact that the Plaintiff remitted KRW 70,000,000 to D’s account at the request of the Plaintiff, the representative director of the Defendant, and the Defendant did not make a regular installment to the Plaintiff, but paid either the amount equivalent to KRW 2,00,000 per month or the amount equivalent to KRW 4,000,000 per annum, or paid by deducting the amount equivalent to KRW 3.3% of that amount, and the witness D testified transferred the amount to the network C to transfer interest pursuant to the direction of the net C. The aforementioned facts and the aforementioned circumstances acceptable accordingly are comprehensively taken into account.

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