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(영문) 광주지방법원 2016.01.12 2015가단42112

차용금

Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from June 16, 2009 to December 4, 2015.

Reasons

In light of the purport of the argument in Gap evidence No. 1, the plaintiff prepared a loan certificate (hereinafter "the loan certificate of this case") that provides funds of at least 30 million won to the plaintiff, and purchased machinery, apparatus, etc. to be used in the above factory, including 10 million won as the lease deposit for the factory site of "D" located in Gwangju North-gu, Gwangju, and the defendant borrowed 30 million won from the plaintiff on June 15, 2007, but he shall pay the plaintiff the above money until June 15, 2009. If the defendant is unable to pay the above money by the above date, he completed the lease deposit for the factory site of this case and the certificate of loan that provides all factory machinery and office supplies to the plaintiff as security (hereinafter "the loan certificate of this case"), while the above factory "D" was operated under the name of the defendant from July 1, 2007 to October 9, 2007 and its business registration from June 28, 2007 to June 30, 2007.

According to the above facts, it is reasonable to view that the defendant prepared the loan certificate of this case with the intent of the plaintiff to repay the funds invested by the plaintiff for the operation of the above "D" (E). Thus, the defendant is obligated to pay to the plaintiff 30 million won agreed upon in the loan certificate of this case and the amount equivalent to 5% per annum as stipulated in the Civil Act from June 16, 2009 to December 4, 2015, which is apparent that it is the delivery date of the application for modification of the purport of this case from June 16, 2009 to December 4, 2015.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.