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(영문) 창원지방법원마산지원 2015.06.11 2015가단628
대여금
Text

1. As to the Plaintiff KRW 80,000,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 80,000,000 from November 1, 2013, and KRW 30,00,00.

Reasons

According to the facts without dispute, Gap evidence Nos. 1 and 4 and the purport of the whole pleadings, the plaintiff was requested by the defendant to lend funds to be invested in stocks or funds, and the plaintiff loaned 80,000,000 won to the defendant as a sum from May 3, 2012 to March 6, 2013, and the defendant was found to have not paid interest on the loan certificate and the loan certificate (Evidence No. 1-1) stating that the loan period of KRW 10% per annum shall be 12 months for November 1, 2013 and the interest rate of KRW 10% per annum shall be paid to the plaintiff after preparing the above loan certificate and the loan certificate (Evidence No. 1-2).

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the interest of 10% per annum on the total amount of KRW 80 million and KRW 50 million per annum from November 1, 2013 to the date of full payment, and to pay 10% per annum on the remainder of KRW 30 million from September 23, 2014 to the date of full payment.

In regard to this, the defendant, while receiving KRW 50 million from the plaintiff as the source of investment in the gas station, prepared and awarded a loan certificate (No. 1-1), but the plan for the operation of the gas station was nonexistent, and thus, although the plaintiff was willing to destroy the above loan certificate, the plaintiff's claim in this case was not possible. However, the defendant's claim cannot be accepted since there is no evidence to acknowledge the above claim.

The plaintiff's claim shall be accepted with due reason.

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