beta
(영문) 대구지방법원상주지원 2017.09.06 2017가단307

대여금

Text

1. The Defendant’s KRW 50 million and KRW 20 million among the above money to the Plaintiff shall be from August 31, 2010 to KRW 30 million.

Reasons

1. Comprehensively taking account of the evidence Nos. 1 and 2 of the judgment as to the cause for the claim, the Plaintiff set the period of repayment of KRW 20 million on June 3, 2010 to the Defendant on August 30, 2010, and set the period of repayment of KRW 30 million as March 30, 201, and respectively set the period of repayment of KRW 30 million to the Defendant as March 30, 201.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act from August 31, 2010 on the day following the due date for repayment to August 31, 2010, and from March 31, 2011 on the day following the due date for repayment to December 28, 2016, which is the delivery date of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. The Defendant, around 2010, agreed to pay KRW 10 million and KRW 40 million for the premium upon acquiring the “D's home page” located in Seodaemun-si, where the Plaintiff leased and operated, and around that time, paid KRW 20 million.

The defendant did not obtain a lease contract from the plaintiff and does not confirm the lease term.

The room was operated, and the building owner was demanded to unfold the building.

Accordingly, the defendant knows that the contract period of the plaintiff remains more than two years and the above summary is required.

The lease contract was also demanded to change the way to take over the room.

Accordingly, the plaintiff proposed to divide half of operating income from the test that waives the remainder of 20 million won, with the exception of the remaining amount of 20 million won, and the defendant suggested to do so for a period of six months.

In operating the room, half of the operating income amount was divided into the plaintiff and the plaintiff.

Therefore, there is no obligation between the plaintiff and the defendant.

B. According to the records of Gap evidence No. 3, the plaintiff must do so from E on July 2, 2009.

The lease of a room shall be made by setting the deposit amount of KRW 10 million and the period until July 2, 2011.