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(영문) 수원지방법원 2019.01.11 2018가단530734

대여금

Text

1. The defendant shall pay 70 million won to the plaintiff and 24% per annum from September 30, 2009 to the day of complete payment.

Reasons

1. Basic facts

A. On July 22, 2008, the Plaintiff paid KRW 71 million to the Defendant for the establishment and operating expenses of the company named “C” (hereinafter “instant investment”).

B. On August 22, 2009, the Defendant entered into an agreement with the Plaintiff on July 31, 2010 to return the principal of KRW 70 million out of the instant investment funds by July 31, 201, and to pay interest calculated at the rate of KRW 2% per month on the last day of each month from September 2009 (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff the principal amount of KRW 70 million under the agreement of this case and interest calculated by the rate of 24% per annum from September 30, 2009 to the date of full payment, unless there are special circumstances to the plaintiff.

3. The defendant's assertion and judgment asserted that the defendant has no choice but to reach the agreement of this case by coercion of the plaintiff and that there is no obligation to pay the amount under the agreement of this case to the plaintiff. However, there is no evidence to find that the defendant has reached the agreement of this case by coercion of the plaintiff. Thus, the defendant's assertion is without merit.

4. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.