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(영문) 부산지방법원 2016.05.03 2015가단215560
대여금
Text

1. The Defendant’s KRW 99,00,000 and the Plaintiff’s annual rate of KRW 5% from March 2, 2015 to May 3, 2016.

Reasons

1. Facts of recognition;

A. A. On December 31, 2013, the Defendant agreed with C and D to conduct a business on the basis of the equal investment, profit-sharing ratio of investment, and loss-sharing ratio of prestigious clothing and retail, and the trade name of the business is determined as E, and the establishment of a business registration and a banking account was agreed to be made in the name of the Defendant.

On the other hand, C has been in practical charge of the entire funds and business of E, while the defendant has been in practical charge of the above businesses E for a period of one week.

B. On March 27, 2014, the Plaintiff transferred KRW 30 million to the business account of Defendant E at the request of Defendant E, etc., and the same year.

4.0.10. A person who was repaid on April 14, 201 and transferred KRW 20 million in the same manner on April 14, 2014, for the same year.

7.16. &

9.15. There was a receipt of reimbursement.

C. On August 28, 2014, the Plaintiff: (a) requested an additional business loan; (b) remitted KRW 15 million to the business account in the name of the Defendant E (hereinafter “first loan”); and (c) received KRW 100,000 from the business account in each month, by February 2015.

In addition, on November 17, 2014, the Plaintiff remitted 80 million won to the business account in the name of Defendant E, and 4 million won to the account in the name of C, and until February 2015, the Plaintiff received 2.6 million won interest on the said loan of KRW 84 million (hereinafter “second loan”) from the E business account in each month.

E. Meanwhile, at the time of the second lending of this case, the Plaintiff received bank loans as collateral and remitted the second lending to the Plaintiff. At that time, the Plaintiff took the process of lending the F, a bank lending solicitor, to the E office, such as preparing loan documents, at the remaining partners C, and D, except the Defendant, and immediately after the loan execution, transferred it to E’s business account and C’s account.

F. The first and second loans of this case remitted by the Plaintiff are E by virtue of C, which was in charge of E’s funds.

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