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(영문) 광주지방법원 2021.01.15 2019가단24853

대여금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 34,07,190 and KRW 124,153,712 from November 16, 2019 to the date of full payment.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. In fact, on July 8, 2009, the Plaintiff entered into a loan transaction agreement with the Defendant on the loan amount of KRW 250,000,000 and the expiration date of the loan period on July 8, 2013, with the interest rate of KRW 19.7% per annum (hereinafter “the loan transaction agreement in this case”).

The Defendant paid only 124,153,712 won out of the principal amount under the instant loan transaction agreement and did not change the remainder of 124,153,712 won. As of November 6, 2019, the obligation under the instant loan transaction agreement was 34,007,190 won in total of 124,153,712 won and interest and delayed damages, 209,853,478 won in total, 34,007,190 won in total, and on the other hand, the rate of delayed compensation under the instant loan transaction agreement as of November 6, 2019 is 1.85% per annum.

[Grounds for recognition] The items in Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

B. According to the aforementioned facts, the Defendant, except in extenuating circumstances, is obligated to pay to the Plaintiff delayed damages calculated at the rate of 11.85% per annum pursuant to the agreement, as requested by the Plaintiff, with respect to the total amount of KRW 334,007,190 as of November 6, 2019, and the balance of principal KRW 124,153,712, as of November 6, 2019, following the delivery of a copy of the instant complaint from November 16, 2019 to the date of full payment.

2. On the judgment of the Defendant’s assertion, the Defendant asserts that the loan under the loan transaction agreement of this case was implemented pursuant to the business agreement between the Plaintiff and D, E Co., Ltd. or F Co., Ltd., the representative, and the Defendant merely belongs to the above branch Co., Ltd., the Defendant, whose representative is D, and thus, is not liable for the debt under the loan transaction agreement of this case. The Defendant’s assertion to the same purport is merely a lending of the name in relation to the loan transaction agreement of this case, and thus does not bear any obligation under the loan transaction agreement of this case