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(영문) 수원지방법원 2017.05.12 2016가단32564
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,750,000 and the interest rate of KRW 15% per annum from September 1, 2016 to the date of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff lent KRW 60,00,000 to the Defendant, and received KRW 40,000,000 from the Defendant. Since the Plaintiff paid KRW 6,750,000 for the air conditioners to be used in the Defendant’s restaurant, the Defendant is obligated to pay the remainder of the loans and the substitute payments to the Plaintiff, and the delay damages therefrom.

B. In May 2015, the Plaintiff and the Defendant concluded a partnership agreement on the “C Point” and accordingly, the Plaintiff invested KRW 60,000,000.

Since then, the plaintiff waived his business and the defendant did not have an agreement to return the investment amount, but the plaintiff returned 40 million won out of the investment amount to the plaintiff.

2. Comprehensively taking account of the overall purport of the statements and arguments as to Gap evidence Nos. 1, 3, and Eul evidence Nos. 1 and Eul evidence Nos. 1, the plaintiff loaned KRW 30,000,000 on June 23, 2015, and KRW 30,000 on June 25, 2015, and KRW 20,000 on June 27, 2015, respectively. The plaintiff paid KRW 6,750,000 on the air conditioners to be used at "C stores" which are the defendant's restaurant around 205, around September 22, 2015; the defendant's repayment of KRW 40,00,000 to the plaintiff on September 26, 205, the remainder of loans and substitute loans No. 26,750,000 [60,000,000 won on June 27, 2015].

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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