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(영문) 수원지방법원여주지원 2016.11.16 2015가합11297
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,192,978 as well as 30% per annum from August 3, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The defendant is the representative director of Cagricultural partnership (hereinafter "the corporation of this case") who carries out transportation and sale of agricultural products and vicarious execution of agricultural works, and the plaintiff is the director of the corporation of this case.

B. Upon receipt of a request for a loan of operating funds of the instant legal entity from the Defendant, the Plaintiff remitted the amount of KRW 30 million to the Defendant’s name account, KRW 30 million on April 18, 201, KRW 20 million on May 31, 2011, KRW 30 million on July 16, 201, and KRW 20 million on October 18, 201, respectively, to the instant legal entity’s account. The Plaintiff remitted KRW 30 million on July 13, 2011 to the Defendant in cash, and paid KRW 20 million to the Defendant on September 6, 2011, and KRW 20 million on October 201.

Defendant also borrowed KRW 180 million in total from the Plaintiff (= KRW 20 million in total) (i.e., KRW 30 million in KRW 30 million in total). It does not dispute the fact that the Defendant borrowed KRW 30 million in total from the Plaintiff.

C. On the other hand, on May 25, 201, the Defendant drafted a loan certificate stating that “the Plaintiff shall have regularly borrowed KRW 230 million and paid KRW 3 million interest on the 25th day of each month, and shall pay by December 25, 201” (hereinafter “the instant loan certificate”).

On May 2015, the Plaintiff asserted that the Defendant acquired KRW 230 million from the Plaintiff (the sum of KRW 180 million in the above paragraph (b) and KRW 50 million additionally loaned to the Defendant on or around March 2012) from the Plaintiff, and filed a criminal complaint against the Defendant for fraud.

E. On August 2, 2015, when the above accusation case was being investigated, the Plaintiff is called "D Dong Dong-dong (hereinafter referred to as "D Dong-dong") between the Defendant and the Defendant.

The term “a field” refers to a field in which the Plaintiff and the Defendant agreed to receive KRW 200 million from among the Plaintiff’s loan claims against the Defendant for three-year ginseng cultivated in E, F, G, and H land to cultivate ginseng in the ginseng of the ginseng Republic as follows. The Plaintiff and the Defendant prepared a ginseng distribution and sales contract, but the Plaintiff were from the Defendant.

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