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(영문) 창원지방법원 마산지원 2017.04.26 2017가단738
대여금
Text

1. As to the Plaintiff’s KRW 35,00,000 and KRW 25,000 among them, the Defendant shall pay to the Plaintiff KRW 10,00,000 from July 27, 2015.

Reasons

1. Facts of recognition;

A. On July 27, 2015, the Defendant, while borrowing KRW 25 million from the Plaintiff, agreed to pay KRW 30 million in addition to the interest of KRW 5 million for 90 days until October 24, 2015 (annual 81%) by October 24, 2015.

B. On September 17, 2015, the Defendant, while borrowing KRW 10 million from the Plaintiff, agreed to pay KRW 13 million plus the interest of KRW 3 million for 90 days until December 15, 2015 (122%) by December 15, 2015.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1 and the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the interest and delay damages at the rate of 25% per annum, which is the highest interest rate under Article 2(1) of the Interest Limitation Act, from September 7, 2015 to the date of full payment, with respect to the loan of KRW 35 million and KRW 25 million, and from July 27, 2015 to the date of full payment.

B. The defendant defense that the plaintiff agreed with the defendant and the non-party company to exempt the defendant from the above 35 million won loan obligations against the plaintiff, instead of being granted the non-party company's exclusive sales right to the bicycle developed by the non-party company from the non-party company's Dualk Co., Ltd. (hereinafter "non-party company"), but the defendant's defense is not sufficient to acknowledge the above 35 million won loan obligations against the non-party company, and there is no other evidence to acknowledge it. Thus, the defendant's defense is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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