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(영문) 수원지방법원성남지원 2016.08.23 2015가단36159
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from January 19, 2016 to the day of full payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments in subparagraphs 1 and 2, the Plaintiff loaned KRW 30,000,000 to the Defendant and C who were partners on June 11, 2010 as business capital, and paid KRW 600,000 per month as interest, and C paid KRW 12,60,000 by March 7, 2012.

According to the above facts, the defendant is obligated to pay to the plaintiff 20,000,000 won and damages for delay calculated at the rate of 15% per annum from January 19, 2016 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case, as requested by the plaintiff.

The defendant asserts that only two months after the commencement of the business with C will terminate the partnership agreement, and that all obligations arising from the partnership agreement will be responsible for C. However, even if the defendant's above assertion is true, it cannot be asserted against the plaintiff on the ground that there is no evidence to prove that the plaintiff approved the agreement between C. Thus, the defendant's above assertion is rejected.

If so, the plaintiff's claim is reasonable and acceptable.

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