beta
(영문) 서울중앙지방법원 2015.05.22 2014가합43514

대여금

Text

The defendant shall pay 585,315,068 won to the plaintiff and 30% per annum from February 17, 2012 to the day of complete payment.

Reasons

Facts of recognition

The Plaintiff is a corporation that is engaged in consulting business related to investment, acquisition, sale, merger, liquidation, and bankruptcy of a company subject to restructuring. The Defendant is the actual owner of C Co., Ltd. (hereinafter referred to as “C”) that carries on the manufacturing of electronic equipment and wholesale and retail business.

On December 1, 2010, the Plaintiff entered into a monetary loan agreement for consumption (hereinafter “instant monetary loan agreement”) with C on December 1, 2010, for the purpose of using 500,000,000 won as funds necessary for the loan business in Vietnam as its brokerage, with interest rate of 24% per annum and due date of repayment on August 16, 201.

The main contents of the instant monetary loan agreement are as follows (No. 1). However, around August 16, 201, the Plaintiff and C changed the repayment period of the said loan to February 16, 2012.

(Evidence A No. 4). All the terms and conditions of funding

1. Amount: 500,000 won;

2. Payment of loans: After the conclusion of this Agreement, the amount under paragraph 1 shall be deposited into the following accounts designated by the "Borrower" (C) in accordance with the terms and conditions of this Agreement:

(Omission)

3. Interest rate and method of paying interest: Interest rate shall be 24% per annum, and interest shall be paid by adding up the interest on the principal to be repaid when the principal is repaid, and it shall be calculated on a daily basis, counting from 365 days to 365 days;

4. Period: the period of this loan will be August 16, 201 from the date of payment of the loan.

5. Repayment of principal: The repayment of principal shall be made in full at the time when the period under paragraph (4) expires; and

6. Compensation for delay: Where “Borrower” fails to comply with paragraphs 3 and 5, the amount calculated at the rate of 30% per annum for the portion not performed until the time the performance is performed shall be paid by “Borrower” to “Borrower” (referring to the Plaintiff).

7.Methods of repaying interest and principal: Interest payment under paragraph 3 of this Article and the redemption of principal under paragraph 5 of this Article shall be made to the account designated by the following "Borrower":

(Omission) The defendant is the defendant of this case.