beta
(영문) 서울중앙지방법원 2015.01.29 2014가합41129

대여금반환

Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 20% per annum from May 9, 2014 to the day of complete payment.

Reasons

1. The facts under each of the following facts may be found either as a dispute between the parties or as a whole by taking account of the whole purport of the pleadings in each entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply), Eul evidence 7, 11, and 15.

On March 20, 2013, the Plaintiff transferred KRW 50,000,000 to the Defendant’s account under the name of the Defendant, KRW 50,000,000 on June 4, 2013, and KRW 50,000 on June 28, 2013, respectively.

B. On April 8, 2013, the Plaintiff and the Defendant drafted an investment agreement with the following contents.

The plaintiff of the investment agreement and the president of the C Education Center shall enter into an agreement with the plaintiff in investing the purchase expenses of non-performing loans and the work progress expenses in the defendant for the goods.

The auction case number of the specification of objects: D items located: The investment funds that the Plaintiff loaned to the Defendant from the loan of Article 1 next to the Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu, shall be lent as 50,000,000 won for non-performing loans and the investment operation expenses of the above items on March 21, 2013.

Article 2 Lease Period and Interest Rate Loan to the Defendant shall be borrowed from March 21, 2013, which the Plaintiff deposited in the Defendant’s passbook, to four months from the date of dividend after the successful bid of the above case, and the interest rate shall be 3% per month.

C. On September 26, 2013, the Defendant drafted and awarded a letter of payment for the following contents to the Plaintiff and eight other persons:

A creditor of a payment note: A debtor who is the plaintiff and eight other debtors: A debtor who is further Empid Co., Ltd.: The debtor and the defendant agree with the defendant as follows and prepare this deed:

:

1. The obligee borrowed the amount of KRW 1,225,60,000 on September 26, 2013 on behalf of the obligor and the obligor borrowed it.

2. The debtor shall require the creditor to repay in sequence by means of voluntary auction cases such as Chuncheon District Court F, Cheongju District Court 2012-14671 and by any other means, and no later than late December 30, 2013 including dividends (3%) and the period (20 per annum).