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(영문) 인천지방법원 2017.07.04 2017가합52893

대여금

Text

1. The Defendant’s KRW 340,000,000 among the Plaintiff and KRW 140,000 among the Plaintiff, shall be KRW 20,000,000 from January 1, 2013, and KRW 200,000.

Reasons

1. Indication of claim;

A. The parties concerned are corporations for the purpose of real estate development, sales agency, housing construction, etc., and the plaintiff is a person who has entered into a contract with the defendant for adviser regarding a B urban development project implemented by the defendant.

B. (1) The Plaintiff concluded a contract with the Defendant for advisory fees of KRW 10 million on January 31, 201 and KRW 10 million on February 10, 201 with respect to a B urban development project implemented by the Defendant, and concluded a contract for advisory fees of KRW 10 million on February 10, 2012, the Plaintiff decided to extend the said advisory contract to December 31, 2012. (2) The Defendant paid the Plaintiff the advisory fees under the said advisory contract from February 2, 2011 to October 2011, and did not pay the advisory fees of KRW 140 million from November 201 to December 12, 201 (i.e., KRW 10 million).

3) Therefore, the Defendant is obligated to pay to the Plaintiff an advisory fee of KRW 140 million due under the foregoing advisory contract, and to pay 6% per annum from January 1, 2013 to the delivery date of a duplicate of the complaint of this case from January 1, 2013 to the day following the expiration date of advisory contract, and 15% per annum from the next day to the day of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. (C) On June 14, 2011, the Plaintiff leased KRW 200 million to the Defendant on August 31, 201, and on April 1, 2013, the repayment period for the above KRW 200 million was extended as of April 1, 2014.

2) Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 6% per annum under the Commercial Act from April 2, 2014 to the service date of a copy of the complaint in this case from April 2, 2014, which is the day following the day when the above extension is due, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.