logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2020.01.15 2019가단32954
대여금
Text

1. Defendant B shall pay 38,530,000 won to the Plaintiff and 24% per annum from March 6, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 1, 2018, the Plaintiff, Defendant B, and D entered into a trade agreement (hereinafter “instant trade agreement”). The Plaintiff invested KRW 40 million, Defendant B’s KRW 160 million, and D’s KRW 54 million.

B. Around June 14, 2018, Defendant B entered into a lease agreement with G to set the lease deposit amount of KRW 10 million and KRW 19 million on the monthly rent from Jinju-si for the operation of the above 2-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, including the content that the lease deposit amount is increased to KRW 50 million from January 14, 2019 and the monthly rent is reduced to KRW 1.6 million, but such change was not actually made;

On December 6, 2018, Defendant C transferred the above lease deposit repayment claim (which is the claim listed in the attached Table; hereinafter “instant lease deposit return claim”) to Defendant C, and on the same day, with the consent of the above G, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with which Defendant C succeeds to the status of Defendant B’s above lease agreement as it is.

On January 1, 2019, the Plaintiff lent KRW 40 million to Defendant B.

Defendant B will pay 70,000 won to the Plaintiff on the fifth day of each month.

The monthly payment shall, even once a month, lose the benefit of the time limit for arrears, and the overdue interest at the time of arrears shall be 24% per annum.

C. On January 15, 2019, the Plaintiff decided to terminate the instant partnership agreement with Defendant B, and on the same day, Defendant B prepared the following loan certificates (hereinafter “the instant loan certificates”) to return KRW 40 million invested by the Plaintiff.

Defendant B paid the Plaintiff KRW 1,470,000,000,000 to the Plaintiff on January 7, 2019 and February 7, 2019.

E. On March 25, 2019, G notified Defendant C of the termination of the instant lease agreement without paying rent to Defendant C from February 2, 2019, and Defendant C thereafter.

arrow