대여금 반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant asserted that the Plaintiff lent KRW 2,580,360,769 to the Plaintiff around July 2013.
The Defendant purchased the shares of C Co., Ltd. (hereinafter “C”) with the amount loaned by the Plaintiff and offered the said shares as a security for the loan, and said shares will be paid in kind if the loan is not possible.
Accordingly, on July 16, 2013, the Plaintiff entered into a monetary loan agreement with the Defendant to grant a loan of KRW 2,580,360,769 on July 22, 2014 (payment every three months), interest rate of KRW 5% per annum (payment every three months), and delay damages (payment plus payment) at 20% per annum, and paid KRW 2,580,360,769 to the Defendant as deposit account designated by the Defendant on July 22, 2013.
However, the defendant does not pay the above loan without paying only some interest even after the repayment period has expired to the plaintiff, and the C shares also do not transfer.
Therefore, the Defendant is obligated to pay to the Plaintiff 2,580,360,769 won with 25% interest rate per annum from October 23, 2013 to the day of full payment, by delaying the payment of the interest rate for three months.
However, as part of the Plaintiff, the Plaintiff seek payment of KRW 100,000,001 and damages for delay.
2. Comprehensively taking account of the purport of the entire pleadings in evidence Nos. 1 and 2 written evidence, the Plaintiff and the Defendant on July 16, 2013: (a) lent KRW 2,580,360,769 to the Defendant on July 22, 2013 in the manner that the Plaintiff deposited into the corporate account of the law firm designated by the Defendant. The Defendant shall repay the principal of the borrowed amount to the Plaintiff on July 22, 2014. The interest shall be paid at the rate of 5% per annum and every three months. The interest shall be paid at the rate of 20% per annum when the repayment of principal and interest is delayed. The Plaintiff’s pecuniary loan agreement stating that “if the payment of interest was delayed for at least three months, the benefit that would have become void” was written, and the Plaintiff on July 22, 2013.