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(영문) 대구지방법원서부지원 2017.08.10 2016가단10319

대여금

Text

1. The Defendant: (a) KRW 60 million and the Plaintiff’s annual rate from July 9, 2016 to August 10, 2017; and (b) the next day.

Reasons

1. Basic facts

A. On November 201, 2014, the Plaintiff, C, and the Defendant agreed to develop a “after-school program” and sell it to the school. The Defendant prepared a proposal on “after-school program” and submitted and explained it to the school.

B. The Defendant submitted a proposal on the “after school program” to several hundreds of schools, but all of them went away, and the project was eventually terminated before August 2015 without any actual results.

C. The Plaintiff paid to the Defendant KRW 30 million on November 21, 2014, and KRW 30 million on November 25, 2014, and KRW 60 million on the aggregate. D.

The Plaintiff shall pay to the Defendant KRW 500,000 on January 12, 2015, and ② the same year.

2. 10,500,000 won (3) for the same year;

3. 10,500,000 won and (4) The same year.

4. 10,500,000 won 500,000 won

500,000 won, 600 won under the same year.

6. 10,500,000 won, 7.00 won;

7. 3 million won, 8.0 million won, and the same year;

8. November 300,000 won, in total, 39 million won.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. In full view of the purport of the entire pleadings with the witness C’s testimony, the Defendant requested C immediately before the commencement of the foregoing business to lend money to the Plaintiff on the ground that it is necessary to repay the money, and C transferred this money to the Plaintiff. Accordingly, the Plaintiff can be found to have lent the amount of KRW 30 million on November 21, 2014, KRW 30 million on the 25th of the same month, KRW 60 million on the 25th of the same month, and KRW 60 million on the 60 million and the following day after the delivery of a copy of the complaint of this case to the Plaintiff on July 9, 2016. As such, the Defendant did not have an obligation to pay the Plaintiff delay damages at the rate of KRW 50,000 per annum from the day following the judgment of this case to August 10, 2017, KRW 60,000,000,000 per annum under the Civil Act.