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(영문) 수원지방법원 2016.07.13 2015가합72142

대여금

Text

1. The Defendant’s KRW 320,000,000 as well as 5% per annum from December 20, 2015 to July 13, 2016 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. According to the statements in Gap evidence Nos. 1, 2 (including paper numbers) and 5, the plaintiff would purchase 111 and B 107 units of the C block development project, which was enforced by the defendant on Apr. 2, 2008, and paid the defendant a contract deposit amount of KRW 150 million on Apr. 11, 2008, KRW 150 million on Apr. 18, 2008, KRW 150 million on Apr. 18, 2008, and thereafter the plaintiff requested the return of the down payment to the defendant. Accordingly, it is recognized that the defendant prepared a letter to the plaintiff on Oct. 16, 2009 that the above 300 million won should be paid a sum of KRW 320 million on Oct. 22, 2009.

According to the above facts of recognition, the defendant is obligated to pay the above KRW 320 million to the plaintiff and damages for delay.

B. Furthermore, on August 11, 2009, the Plaintiff loaned KRW 220 million to the Defendant on August 27, 2009 with the due date set on August 27, 2009. The Plaintiff asserted that the Defendant loaned KRW 600 million on September 18, 2009 with the due date set on October 12, 2009, and sought payment of the above loans amounting to KRW 820 million, and damages for delay against the Defendant.

However, according to the evidence evidence Nos. 3 and 4, it is recognized that D and E, the representative director of the defendant, issued a promissory note of KRW 220 million at each face value to the plaintiff. However, it is insufficient to recognize that the plaintiff lent to the defendant the amount of KRW 220 million on August 11, 2009 and KRW 600 million on September 18, 2009, respectively. Since there is no other evidence to acknowledge this, the plaintiff's claim for this part is without merit.

C. Therefore, the Defendant shall pay to the Plaintiff 320 million won with 5% interest per annum as stipulated by the Civil Act from December 20, 2015 to July 13, 2016, which is the day following the delivery date of the copy of the instant complaint sought by the Plaintiff, and 15% interest per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.