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(영문) 서울서부지방법원 2020.02.12 2019가단229205
대여금
Text

1. The defendant shall pay 85 million won to the plaintiff and 12% per annum from June 6, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 11, 2012, the Plaintiff lent to the Defendant a total of KRW 35 million on December 17, 2012 and KRW 10% per month interest.

On January 19, 2015, the Defendant agreed to make installment payments of KRW 40 million from April 2015 to the Plaintiff, which is the sum of the above loan and interest.

B. Meanwhile, the Plaintiff, while participating in the marketing director in C Co., Ltd. run by the Defendant, spent the personal funds of KRW 45 million, and demanded the Defendant to reimburse the above expenditure.

Accordingly, on February 20, 2014, the defendant agreed that the plaintiff will pay the above KRW 45 million when proposing the joint representative management to the plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff 85 million won (=40 million won) and damages for delay calculated at the rate of 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 6, 2019 to the date of full payment on the record that the payment order in this case was served to the Plaintiff (i.e., KRW 45 million).

3. According to the conclusion, all of the Plaintiff’s claims shall be accepted, and it is so decided as per Disposition.

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