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(영문) 수원지방법원여주지원 2014.04.10 2013가합705

대여금

Text

1. The Defendant: (a) KRW 2,189,38,395 among the Plaintiff and KRW 1,506,942,292 among the Plaintiff, from March 20, 2013 to March 25, 2013.

Reasons

1. Summary of the parties' arguments

A. From March 16, 2010 to May 31, 2012, the Plaintiff lent to the Defendant each money listed in the “loan column” column in the attached Table (hereinafter “instant Table”) in the attached Table (hereinafter “instant Table”) from March 16, 2010 to May 31, 2012, to 30% per annum. The interest calculated by applying interest rate of 30% per annum pursuant to the Interest Limitation Act within the scope of the agreed interest rate from the day following the date of each of the instant loans to March 19, 2013 is the total of 1,811,048,692 won.

On the other hand, the Plaintiff received a total of KRW 1,193,700,000 from the Defendant.

Therefore, the balance of principal and interest on the Plaintiff’s loan to the Defendant is KRW 2,958,148,692 as of March 19, 2013 [the total amount of each of the instant loans = KRW 2,340,80,000,617,348,692 [the total amount of interest up to March 19, 2013 - KRW 1,81,048,692 - KRW 1,193,70,000]. Thus, the Defendant is obligated to pay to the Plaintiff delay damages for delay of KRW 2,340,80,000 in total of the instant loans and the total amount of each of the instant loans.

B. Of each of the loans in this case alleged by the Plaintiff to be lent to the Defendant, ① KRW 100 million on May 19, 2010, and KRW 100 million on May 20, 2010 [Attachment 4, 5] were paid by the Plaintiff as the fund for the establishment of East Asia’s broadcasting; ② KRW 100 million on June 1, 2010 (Attachment 6 of the same Table) was lent to C that is not the Defendant Company at the time of the Plaintiff; ③ the total amount of KRW 50 million loans extended by the Plaintiff on September 17, 2010 and October 4, 2010 (No. 12, 13 of the same Table) was invested in the Defendant Company; ④ the Plaintiff’s loans did not constitute a total of KRW 300,000,000 from August 16, 2010 to KRW 150,013 (No. 15,2013).

On the other hand, the defendant.

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