beta
(영문) 서울동부지방법원 2018.08.16 2018가단101346

대여금

Text

1. As to KRW 21,60,000 and KRW 3,600,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from October 1, 2017 to April 3, 2018.

Reasons

1. The following facts may be found in full view of the entries in Gap evidence 1 to 4 (including paper numbers) and the entire purport of the pleadings:

If the Plaintiff and the Defendant concluded a partnership agreement for the purpose of distributing profits of Samsung Start-up Holdings Co., Ltd. on July 18, 2016, and the Plaintiff paid KRW 25,00,000 to the Defendant, the Defendant agreed to pay KRW 2,200,000 to the Plaintiff on the last day of each month from September to September 2017, 2016, and the Plaintiff paid KRW 8,00,000 to the Defendant on August 9, 2016 under the above partnership agreement, and the same year.

8. 19.17,00,000 won in total, 25,000,000 won.

However, the Defendant did not pay 3,600,000 won to the Plaintiff out of the amount promised to pay as above.

B. On September 26, 2016, the Plaintiff and the Defendant agreed to pay KRW 18,000,000 to the Plaintiff by October 25, 2016.

2. According to the allegations and the above findings of determination, the defendant bears 5% per annum under the Civil Act from October 1, 2017 to April 3, 2018, the delivery date of a copy of the complaint in this case, and 15% per annum from the day following the date of completion of the lawsuit until April 3, 2018 to the day of full payment, 18,000 won, plus 21,60,000 won, which shall be paid under the agreement of September 26, 2016 to the plaintiff under the agreement of September 26, 2016, as well as 18,600 won, and 3,600,000 won which shall be paid to the plaintiff at the rate of 15% per annum from the day following the due date of payment to the day of full payment, and 18,000,000 won which shall be paid at the rate of 15% per annum from October 26, 2016 to the due date of payment.

In addition, the Plaintiff determined to receive KRW 2,00,000 per month and served as the Defendant’s employee from December to August 2017, 2016, and the Defendant was six months from March 2017 to August 2017.