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(영문) 수원지방법원안양지원 2019.05.02 2018가합102497
대여금반환 청구의 소
Text

1. The Defendant’s KRW 270,000,000 as well as the Plaintiff’s annual amount of KRW 4.6% from July 1, 2018 to July 11, 2018.

Reasons

1. On December 19, 2017, the Plaintiff determined and lent KRW 270,000,000 to the Defendant at the interest rate of 4.6% per annum and on March 18, 2018.

(hereinafter “instant loan”), . [Grounds for recognition] without dispute, entry of Gap evidence Nos. 3 and 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 4.6% per annum, which is the agreed interest rate from July 1, 2018 to July 11, 2018, the delivery date of the copy of the complaint, and 15% per annum from the following day to the day of full payment.

B. The defendant's assertion 1) The representative director C and the defendant were to newly establish the defendant's subsidiaries. If the above new corporation pays 300,000,000 won to the defendant in return for the defendant's exclusive patent right, the defendant paid 270,000,000 won among them, and the repayment period of the loan was postponed until the new corporation pays 300,000,000 won to the defendant. After the new corporation was established, since the new corporation did not pay 300,000,000 won to the present time when it was unreasonable for the plaintiff to make reasonable demand, the defendant may refuse the repayment of the loan of this case. (1) The defendant can be found to have the following facts according to the statement in the evidence of subparagraphs 1 through 3. (2) The defendant's incorporation of the defendant's representative director C, the defendant, and the defendant's director D around February 2, 2018:

) The Defendant and C agree to establish a multi-use stamp and contact with the Defendant’s electric source prevention device (which combines a short circuit prevention technology among patent technology and is engaged in the production and sale of the product, and related products).

1. Name of the company: E.

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