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(영문) 서울중앙지방법원 2019.06.12 2018가단70463

대여금 청구의 소

Text

1. The Defendant’s KRW 60,000,000 and the Plaintiff’s annual rate of KRW 5% from January 1, 2017 to December 27, 2018, and the following.

Reasons

The Plaintiff paid KRW 110 million to the Defendant on April 22, 2013, KRW 30 million, KRW 10 million, KRW 70 million on April 23, 2013, KRW 70 million on September 30, 2013, KRW 100 million on October 2, 2013, and KRW 110 million on September 2, 2014, the Defendant paid the Plaintiff KRW 110 million on September 31, 2016 to the Plaintiff by December 31, 2016; the Plaintiff agreed to preferentially pay KRW 30 million on September 30, 2013, KRW 50,000, KRW 100 on September 30, 2014, KRW 50,000 on which the Plaintiff agreed to pay the remainder of the instant lawsuit to the Plaintiff by 15 million on September 30, 207, respectively, and 2017.

The Defendant asserts to the effect that the said KRW 110 million was invested in the U.S. company in charge of the manufacture of wind power generation devices and the new and renewable energy-related business, and that the said amount was actually invested, and that the Plaintiff did not have an obligation to pay for the said amount.

However, according to the Defendant’s assertion, even if the Plaintiff paid the above KRW 10 million as investment proceeds, as seen earlier, as long as the Defendant agreed to pay the full amount of KRW 110 million to the Plaintiff by December 31, 2016, as seen earlier, according to the Plaintiff’s demand for return of investment proceeds, the Defendant is obligated to pay the Plaintiff money in accordance with the agreement.

Therefore, the defendant's above assertion is not accepted.

Thus, the plaintiff's claim of this case is justified and accepted.