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(영문) 서울남부지방법원 2016.06.10 2016가단205100
대여금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from January 12, 2016 to the date of full payment.

Reasons

1. The Plaintiff, the representative director of C, around January 9, 2015, lent KRW 100 million to the Defendant, who was an employee of the above company, as a director’s fund. The Defendant decided to repay the above loan amount of KRW 100 million as sold by Yangcheon-gu Seoul, Yangcheon-gu, Seoul, which was the Defendant, as the Defendant owned by the Defendant. The Defendant did not dispute between the parties on August 2015. According to the above facts, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 100 million and damages for delay calculated at the rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 12, 2016 to the date of full payment, as the Plaintiff seeks.

2. As to this, the Defendant asserted that, at the lapse of one week from the date of the Plaintiff’s borrowing, the Defendant exempted the Defendant from the Defendant’s obligation to pay KRW 100 million to the Plaintiff by stating that “the Defendant would have worked for about four years at the Plaintiff’s company, and there was a large amount of company profits. The above KRW 100 million shall be paid as bonus, and it shall not be repaid.” However, the witness E’s testimony alone is insufficient to acknowledge the Defendant’s assertion, and there is no other evidence to acknowledge it otherwise.

Therefore, the defendant's above assertion cannot be accepted.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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