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(영문) 서울중앙지방법원 2019.02.11 2018가단5092307

대여금

Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s KRW 4.6% per annum from December 19, 2016 to February 25, 2018.

Reasons

The fact that the Plaintiff lent KRW 50,00,000 to the Defendant on December 19, 2016 as interest rate of KRW 4.6% per annum and the due date of repayment on August 31, 2017 is either a dispute between the parties or a dispute between the parties, and the purport of the entire pleadings as a whole.

According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 50,000,000 with the return of the loan and the damages for delay calculated at the rate of 4.6% per annum, which is the agreed interest rate, from December 19, 2016 to February 25, 2018, which is the delivery date of the instant payment order from February 25, 2018, and 15% per annum, which is stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day

The Defendant, upon receipt of the Scart proposal from C, who was the former representative director of the Plaintiff, agreed to receive KRW 100,000,000 from October 2016 to receive KRW 1,00,00,00 after consultation with the terms and conditions, and received KRW 50,00,000 among them, and did not borrow the said money from the Plaintiff, there is no evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.