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(영문) 수원지방법원성남지원 2016.01.15 2015가단7106
대여금
Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 24% per annum from May 8, 2009 to the day of complete payment.

Reasons

In full view of the overall purport of the pleadings, Gap evidence Nos. 1 through 5 (Evidence Nos. 1 (Non-performance) is presumed to have established the entire document due to the lack of dispute over the defendant's seal image part, and there is no evidence to acknowledge that the document was forged, including the number number) and each statement (the evidence No. 1) are as follows: ① The plaintiff and the defendant establish a corporation in order to conduct the civil engineering transport business for the section D of the subway Corporation around January 25, 2009; the plaintiff borrowed from the non-party E and agreed to pay its capital and operating funds to the defendant at the same time as the incorporation and establishment of the corporation; ② the plaintiff and the defendant were appointed and registered as the representative director on February 4, 200; ③ the defendant agreed to pay its interest rate of 150 million won borrowed from the plaintiff to the plaintiff on May 7, 2009 for the establishment and operation of the corporation F, the representative director of the corporation shall be paid at least two percent after the due date.

According to the above facts, two years have passed since the defendant was appointed as representative director and registered in the corporate register, and the defendant is obligated to pay to the plaintiff the interest and delay damages at the rate of 24% per annum from May 8, 2009 to the day of full payment, as requested by the plaintiff, as the contract amount of KRW 150,000,000, and as requested by the plaintiff.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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