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(영문) 서울남부지방법원 2016.04.08 2016가단1278

대여금

Text

1. The Defendant’s KRW 27,500,000 with respect to the Plaintiff and the rate of KRW 15% per annum from December 6, 2015 to the full payment.

Reasons

1. Basic facts

A. On May 14, 2013, the Plaintiff entered into a sales contract with the Defendant running the “C” and paid KRW 50 million as the security deposit to the Plaintiff, on the same day, the Plaintiff jointly and severally guaranteed the Defendant’s obligation.

B. Around March 17, 2014, the Defendant agreed with the Plaintiff to repay KRW 17.5 million to the Plaintiff by June 30, 2014, inasmuch as this strike supply contract has not been properly implemented, and on March 17, 2014.

C. On December 27, 2014, the Plaintiff lent KRW 10 million to the Defendant on July 31, 2015, separately from the return of the said security deposit.

[Reasons for Recognition] Evidence A (including paper numbers), the purport of the whole pleadings

2. According to the above facts, the Defendant is liable to pay to the Plaintiff the amount of KRW 27.5 million (i.e., KRW 17.5 million in the balance of the security deposit for sale) and damages for delay by the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 6, 2015 to the date of full payment, as sought by the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.