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(영문) 서울중앙지방법원 2015.12.24 2015가합527088

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff deposited to the Defendant a total of KRW 600 million on March 22, 2007 and KRW 500 million on April 5, 2007 (hereinafter “instant KRW 600 million”). In relation to this, the Plaintiff and the Defendant drafted an agreement on a monetary loan for consumption (hereinafter “agreement on each of the instant monetary loan for consumption”) with the following contents.

The Plaintiff (hereinafter referred to as “A”) shall be deemed as “B”, and the Defendant (a lender) shall be determined as “B” and enter into an agreement on monetary lending and borrowing transactions with respect to funds invested in facilities of golf practice ranges as follows:

§ 1. The principal of a monetary loan for consumption shall be lent at the request of Section B, five hundred million won per day, and this Agreement shall be concluded.

Article 2 Agreement (Period of Repayment) In lending and borrowing transactions between A and B, the agreed term of principal shall be from March 22, 2007 to March 31, 2012.

The repayment of principal under Article 3 shall be made in 8,33,333 won per month.

The interest rate under Article 4 shall be 6.50% per annum.

The standards for calculation of principal under Article 5 shall be the balance in which the repayment of principal under Article 3 is reduced within the contract period.

Article 6. Interest received shall be calculated as the interest rate under Article 4 on the last day of the fiscal year A, and shall be received at the end of each month after calculating the interest rate under Article 5.

① On March 22, 2007, the Plaintiff, who is a money borrower not more than a written agreement for a loan for consumption for money, shall be deemed “A” and the Defendant, who is a money borrower, shall be deemed “B” and enter into an agreement on a monetary lending and lending transaction for funds invested in golf practice ranges facilities as follows:

§ 1. The principal of a monetary loan for consumption shall be lent KRW 100 million at the request of Section B and this Agreement shall be concluded.

Article 2 Agreement (Period of Repayment) In lending and borrowing transactions between Gap and Eul, the agreed term of principal shall be from April 5, 2007 to April 30, 2012.

The repayment of principal under Article 3 shall be made in 1,66,67 won per month.

The interest rate under Article 4 shall be 6.50% per annum.

The principal of Article 5 shall be the balance after deducting the repayment of principal under Article 3 within the contract period.