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(영문) 대전지방법원 2018.07.11 2017가합100066

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 300,000,000 as well as 24% per annum from May 9, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The KFM partnership (hereinafter “KFM partnership”) is a corporation established for the purpose of listing at home and abroad and investment in unlisted securities.

B. On July 2015, the Plaintiff was introduced by the Defendant who runs a business related to financial investment, etc. with the trade name “D” through C.

Article 1 (Amount of Rent)

1. Total amount: 300 million won;

2. Interest: Three months with a maturity, six percent (two percent per month);

3. Overdue interest: Overdue per day of arrears 】 1/100; and

1. Period for borrowing: Three months from the date of borrowing (from the date of borrowing until December 9, 2015) Article 3;

1. When the interest designated by the defendant is overdue, or when the grounds for non-performance of assets, such as provisional seizure of the defendant's assets, occur, the defendant shall lose the benefit of time.

2. In the case of paragraph (1), the overdue interest shall occur simultaneously with the overdue interest, and the benefit of time shall be forfeited from the time when the plaintiff deemed inappropriate and the date of full repayment is notified after the plaintiff's demand for explanation as to the non-performance of asset maintenance and operation;

C. On September 9, 2015, the Plaintiff drafted a monetary loan agreement with the Defendant with the following content (hereinafter “instant agreement”), and paid KRW 300 million to the Defendant on the same day.

On the other hand, the defendant transferred the above KRW 300 million to the KFM partner's account.

On December 9, 2015, the Defendant paid KRW 18,00,000 to the Plaintiff as 6% interest on the said KRW 300 million (Provided, That the Defendant, however, requested that the Plaintiff transfer the said amount from the KFM partner’s account to the Plaintiff; hereinafter the same applies to other money that the Defendant paid to the Plaintiff). Accordingly, the Plaintiff extended the repayment period between the Defendant and the Defendant for one month (up to January 9, 2016) and was paid 5.5% interest per month.

E. On January 11, 2016, the Defendant paid KRW 16,500,000 to the Plaintiff, which is 5.5% interest of KRW 300 million per month.