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(영문) 창원지방법원 밀양지원 2021.02.18 2020가합79

대여금

Text

1. The defendant shall calculate the amount of KRW 60 million to the plaintiff at the rate of 5% per annum from December 1, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 16, 2018, the Defendant recommended the Plaintiff to make an investment in merchandise coupon business, and the Defendant promised to guarantee the principal of the investment in the Plaintiff and merchandise coupon business.

“Forming the undertaking to guarantee the principal (hereinafter referred to as “instant undertaking”) to the effect that the undertaking was made.

B. The Plaintiff remitted to the Defendant KRW 50 million on April 16, 2018, and KRW 100 million on June 28, 2018.

(c)

On August 22, 2018, the Defendant maintained KRW 600 million and returned the principal to the Plaintiff by November 2018.

Done a certificate of cash custody (hereinafter “certificate of custody of this case”) to the effect that “the certificate of this case was drawn up.”

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the facts acknowledged earlier, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at the rate of 12% per annum as stipulated in the Civil Act, which the Plaintiff seeks from December 1, 2018, following the agreement to return the investment principal of KRW 600,000,000 to the Plaintiff as agreed in the instant undertaking and the custody certificate of this case, barring special circumstances.

B. As to this, the defendant has invested in C under his own responsibility, and thus, he must request C to return it, and he cannot request the defendant to return it.

“To the effect that “” is asserted.

As long as a disposition is recognized to be authentic in its formation, the court shall recognize the existence and contents of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable reflective evidence that denies the contents of the statement.

If there is a dispute over the interpretation of a juristic act between the parties, and the interpretation of the intention of the parties expressed in the disposition document is at issue, the contents of the text, the motive and background of the juristic act, the purpose to be achieved by the juristic act, the genuine intention of the parties, etc. shall be

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