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(영문) 수원지방법원평택지원 2017.06.27 2016가단12651
대여금
Text

1. The defendant shall pay to the plaintiff KRW 160,00,000 and KRW 100,000 among them, from September 8, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. Since the Defendant was assisted by D in the process of acquiring land and ground buildings, etc. (hereinafter “instant real estate, etc.”) and establishing a factory, the Defendant promised 1/2 of the profit accrued when disposing of the said assets to D.

B. Accordingly, on July 26, 2011, the Plaintiff was established a collateral on the instant real estate, etc. owned by the Defendant to secure the Plaintiff’s claim of KRW 1.1 billion against D from the Defendant. As such, the Plaintiff agreed to lend money to the Defendant when the Defendant requests the amount of KRW 500 million or KRW 1 billion.

C. Upon the Defendant’s request, the Plaintiff lent KRW 360,000 to the Defendant, and on January 30, 2012, the Defendant agreed to pay KRW 260,000,000 to the Plaintiff the remainder of KRW 100,000,000, the interest rate of KRW 0.6% per month for the Plaintiff and January 30, 2014 for the due date for the sale of the instant real estate, etc.

Upon the Defendant’s request, the Plaintiff lent KRW 30,000,000 to the Defendant on October 30, 2012, and KRW 30,000,000 on January 20, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 1-1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, as to the Plaintiff’s total amount of KRW 160,00,000 (i.e., KRW 30,000,000,000) and KRW 100,000,000 among them, the Defendant paid for delay calculated at the rate of KRW 7.2% per annum within the statutory interest rate from September 8, 2016 to the date of complete payment, which is the day following the delivery of the copy of the complaint of this case sought by the Plaintiff, after January 30, 2014, within the scope of interest rate of KRW 160,000,000,000, which is the day following the day of delivery of the copy of the complaint of this case sought by the Plaintiff. As to KRW 60,000,00,000, there was no fixed period of repayment, the period of repayment

Therefore, damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 8, 2016 to the day of full payment, which is the day following the delivery date of the duplicate of the complaint of this case.

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