logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.11.20 2013가단334865
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 88,903,225 and KRW 80,000 among them, 30% per annum from August 9, 2013 to the date of full payment.

Reasons

1. Facts of premise;

A. On March 3, 2010, the Plaintiff entered into an investment agreement (hereinafter “instant investment agreement”) with the Defendant to operate a restaurant with “C” and distribute monthly profits of KRW 4,500,000 to the Plaintiff, but the Plaintiff entered into an investment agreement (hereinafter “instant investment agreement”).

B. However, upon the de facto extinction of the above investment relationship due to the issue of income distribution, on November 21, 201, the Defendant prepared and delivered a loan agreement with the Plaintiff that the Defendant would pay KRW 4,500,000 to the Plaintiff for the loan amount of KRW 150,000,000, and the loan period of April 9, 2010 to April 16, 2012, and the interest rate of KRW 4,50,000 each month on April 16, 201.

C. However, the Defendant repaid only KRW 70,000,000,000 on May 2, 2012, 2012 to the Plaintiff, even after the loan period under the above agreement (hereinafter “instant return agreement”), namely, the loan period, which was due on April 16, 2012, was due.

The Plaintiff paid 80,000,000 won to the Defendant for appropriation to the principal of the above return agreement, and paid only the parties agreed upon after the agreement, but also paid interest in February 1, 200,000, which is the parties to the agreement, on the condition of prompt repayment.

E. However, from November 9, 2012 to May 14, 2013, the Defendant paid only KRW 5,000,000 as interest ($5 times x 1,00,000) to the Plaintiff. On July 29, 2013, the Plaintiff sent to the Defendant a certificate of the content that the Plaintiff would pay the principal and interest to the Defendant by August 8, 2013, which is within 10 days. However, the payment was not made.

[Ground for Recognition]: Facts without dispute, entry of Gap 1-3 evidence (including more than one number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s repayment of KRW 70,000,000,000, which the Defendant performed, appears to have been claimed as the initial date, since the remainder of KRW 80,000,000 and the interest payment period under the loan agreement was the 16th day of July 17, 2012, since the interest payment period under the loan agreement was the 150,000,000 under the refund agreement of this case.

부터 다 갚는 날까지 연 30%{=∠36%=[(월 2,400,000원)÷80,000...

arrow