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(영문) 춘천지방법원 2016.12.08 2016가단5620

대여금

Text

1. The Defendant: (a) KRW 21,00,000 for the Plaintiff and 5% per annum from July 8, 2016 to December 8, 2016; and (b) the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 2, Eul evidence No. 3-1, and Eul evidence No. 3-2, and there is no counter-proof.

On April 2008, the Plaintiff invested 24,000,000 won in Korea Co., Ltd. for the purpose of receiving dividends from Non-Party Mediex Co., Ltd. with the introduction of the Defendant.

B. On May 4, 2008, the defendant prepared a cash custody certificate stating that the amount of KRW 24,000,000 shall be repaid to the plaintiff by July 10, 2008.

C. The Plaintiff received reimbursement of KRW 21,00,000,000, out of the above gold 24,000.

2. Since the Plaintiff agreed that the Defendant would pay the above investment amount of KRW 24,000,000,000, the Plaintiff sought payment of the above amount of KRW 24,000 and damages for delay.

In light of the above facts, it is reasonable to view that the defendant agreed to pay 24,00,000 won, which was invested by the plaintiff in the non-party Korea Co., Ltd. by July 10, 2008, to the extent of July 10, 2008. As such, the defendant is obligated to pay to the plaintiff damages for delay at the interest rate of 15% per annum as stipulated in the Civil Act from July 8, 2016, the day following the delivery date of the copy of the complaint of this case sought by the plaintiff, which is the day after the due date, to dispute about the existence and scope of the obligation of this case, from July 8, 2016 to December 8, 2016, and from the next day to the day of full payment, 24,000,000 won which was not paid by the plaintiff.

3. According to the conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.