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(영문) 창원지방법원마산지원 2019.08.14 2019가단1506

대여금

Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 12% per annum from March 14, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Upon the Defendant’s request, the Plaintiff loaned KRW 100,000,000 to the Defendant on August 23, 2017, and KRW 100,000,000,000 on August 31, 2017. Around that time, the Defendant agreed to pay the Plaintiff the amount of KRW 150,00,000 as the repayment for the said money (i.e., the principal amount of KRW 100,000,000 as the interest for the delayed payment amount of KRW 50,000,000 on November 30, 2017).

B. However, until November 30, 2017, the Defendant did not pay KRW 150,000,000 to the Plaintiff. Accordingly, the Defendant agreed to pay interest or delay damages calculated at the rate of 24% per annum from August 29, 2017 to the date of full payment to the Plaintiff by December 29, 2018, the Defendant completed the registration of transfer of ownership for the E-U. E-U. E-U. E-U. E-U. E-U. to the Plaintiff by February 20, 2019. However, where the registration of transfer of ownership is not completed by February 20, 2019, 150,000 and the interest or delay damages calculated at the rate of 24% per annum from August 29, 2017 to the date of full payment.

(hereinafter referred to as “instant agreement”). C.

Notwithstanding the instant agreement, the Defendant failed to complete the registration of ownership transfer as to the foregoing electric power resource housing F until February 20, 2019.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 3, and the purport of whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 150,000,000 won agreed upon under the agreement of this case as well as damages for delay calculated at the rate of 12% per annum from March 14, 2019 to the day of full payment, as requested by the plaintiff, as well as from March 14, 2019 to the day after the delivery of a copy of the complaint of this case.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.