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(영문) 대전지방법원 2015.12.09 2015가합3550
대여금
Text

1. The Defendant’s KRW 300,000,000 and the Plaintiff’s annual rate of KRW 5% from September 18, 2015 to October 12, 2015.

Reasons

1. Facts of recognition;

A. The plaintiff is a person operating a certified brokerage business, and the defendant is a representative of C.

B. On July 29, 2015, the Plaintiff lent KRW 300,000,00 to the Defendant, and the Plaintiff, at the Defendant’s request, paid KRW 30,000,000, which is 10% of the above loan, to the Defendant when the Plaintiff was sold in lots the D apartment complex in the third life zone of Sejong Special Self-Governing City. If the Plaintiff did not sell the above commercial building, the Plaintiff agreed to pay the above loan within 15 days thereafter.

C. On July 30, 2015, the Plaintiff remitted KRW 300,000 to the Defendant.

Since then, as the Plaintiff was unable to purchase the above commercial building, the Plaintiff demanded the Defendant to pay KRW 300,000,000 to the Defendant on September 8, 2015, and the Defendant agreed to pay KRW 300,000,000 between the Plaintiff and the Plaintiff on September 15, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 300,000,000, and damages for delay calculated by the rate of 5% per annum prescribed in the Civil Act from September 18, 2015 to October 12, 2015, the delivery date of the original copy of the instant payment order, from September 18, 2015, and 15% per annum prescribed in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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