beta
(영문) 대구지방법원 2016.02.16 2015가단15167

대여금

Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 8, 2015 to February 16, 2016.

Reasons

1. Facts of recognition;

A. In around 2008, the Plaintiff and the Defendant began a personal business that produces, processes, and supplies parts automatically produced in the self-source with the trade name of “C (hereinafter “C”)” around September 2013.

On October 31, 2013, the Plaintiff and the Defendant drafted a joint business agreement with the Defendant as “A” and the Plaintiff as “B” (hereinafter “instant partnership agreement”) with regard to the instant company’s business. The main contents are as follows.

Gong Dong ScD CD E in the course of business

B. After November 6, 2013, the Plaintiff agreed to repay to the Defendant, the representative director of the instant stock company, and the Plaintiff, the director of the said company, respectively, KRW 50:50,00,00 (the last day of each month) monthly interest rate of KRW 135,00 (the last day of each month) and November 6, 2014, in borrowing KRW 50,000,00 from the Plaintiff’s father G (hereinafter “instant loan”). < Amended by Presidential Decree No. 24290, Nov. 6, 2013; Presidential Decree No. 25788, Nov. 6, 2014>

(see A Certificate No. 1). (c)

The above G (hereinafter “the deceased”) died on November 22, 2014, and the deceased’s heir was the wife, the Plaintiff, I, and J. Of the instant loan claims, the remaining inheritors, except the Plaintiff, given up inheritance regarding the claim amounting to KRW 25,00,000 against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the claim against the Defendant’s portion of the instant loan claim (25,000,000 won)

A. According to the above facts of determination as to the cause of claim, the defendant, unless there are special circumstances, shall pay to the plaintiff, a sole heir of the loan claim of this case, the amount of KRW 25,000,000, and interest for delay thereof (only the plaintiff's interest for delay).