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전주지방법원군산지원 2015.04.17 2014가단333

대여금

Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from April 1, 2014 to April 17, 2015.

Reasons

1. The parties' assertion

A. The Plaintiff lent KRW 50,000 to the Defendant on May 22, 2007; KRW 20,000,000 on the 28th day of the same month; and KRW 20,000,000 on the 29th day of the same month; among them, KRW 30,000,000 was paid in lieu of the goods from around A in 2009 to December of the same year.

Afterward, the Plaintiff additionally lent KRW 30,000,000 to the Defendant on December 21, 2009, and KRW 10,000,000 on the 22th of the same month, and KRW 10,000,000 on January 4, 2010, and instead of interest, received a discount on the goods purchased from the Defendant.

The plaintiff requested repayment with several payment dates set thereafter, but the defendant did not comply with the request.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 50,000,000 ( KRW 50,000,000 - KRW 30,000,000) and damages for delay.

B. The Defendant received KRW 50,00,000 from May 22, 2007 to the 29th of the same month from the Plaintiff, but this was intended to order the goods to Nonparty C on behalf of the Plaintiff. However, although it was intended to order the goods to Nonparty C, it did not receive the goods due to the Plaintiff’s fraudulent act, and it provided the goods equivalent to KRW 50,000,000 on an intentional responsibility, and there was no liability of the Plaintiff on this part.

Even if payment in kind equivalent to 50,000,000 won is not recognized, payment in kind equivalent to 30,000,000 won is recognized as the plaintiff as the plaintiff.

In addition, from December 21, 2009 to January 4, 2010, the Defendant borrowed KRW 30,000,000 from the Plaintiff and provided Bosh products instead of interest at a discount of 8% (hereinafter “special agreement on the payment of interest”), additionally at a discount of 7% on the part provided by the Defendant, and agreed to pay the principal amount to the principal (hereinafter “special agreement on the repayment of principal”). Accordingly, the Defendant given a discount of the amount equivalent to KRW 35,285,356 according to the special agreement on the payment of interest, and paid the principal.