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(영문) 서울중앙지방법원 2018.04.18 2017가단5157771

대여금

Text

1. The plaintiff

A. Defendant A Co., Ltd.: (a) gold 62,710,000 won and its therefrom from April 9, 2015 to September 13, 2017.

Reasons

1. Facts of recognition;

A. A. Around August 2012, Plaintiff Company loaned money to Defendant A Co., Ltd. (hereinafter “Defendant Company”) as business promotion expenses to Defendant Company’s shareholders and managing directors, if the Plaintiff Company loaned money to C as business promotion expenses, then the Defendant Company decided to repay the said money if the financial right PF funds were to enter in connection with the construction and sale business of the multi-family housing Dil-si, Gangwon-do (hereinafter “instant sales business”). From August 31, 2012 to January 31, 2015, Plaintiff Company lent KRW 62,710,000 in the name of business promotion expenses, etc. to C from August 31, 2012 to January 31, 2015.

B. In addition, upon the request of Defendant B, the Plaintiff Company, the representative director of the Defendant Company, lent KRW 20,100,000 from April 15, 2014 to February 26, 2015, and Defendant B.

was promised to pay back the PF funds when the PF funds enter.

C. Meanwhile, on April 8, 2015, Defendant Company received 8.6 billion won from Korea Capital Co., Ltd. in relation to the instant sales business.

【Defendant Company’s Grounds for Recognition: Evidence Nos. 1 through 8 (including the number of branch offices), Defendant B’s purport of the entire pleadings: Confession (the main text of Article 150(1) of the Civil Procedure Act)

2. Determination and conclusion

A. According to the above facts, the Defendant Company is obligated to pay (i) annual damages from April 9, 2015 to September 13, 2017, the date following the date of delivery of a copy of the instant complaint, which is KRW 62,710,00, and the due date of PF loan, with 5% annual damages from September 9, 2015 to September 13, 2017, and 15% annual damages from the following day to the date of full payment; and (ii) Defendant B is obligated to pay damages from delay at the rate of 20,100,000 won from April 9, 2015 to the date of delivery of a copy of the instant complaint; and (iii) annual damages from delay from September 26, 2017 to the date of full payment.

(b).