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Reasons
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(영문) 부산지방법원 2015.03.12 2014가합8229
대여금
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1. The defendant shall pay 125,00,000 won to the plaintiff and 20% per annum from November 19, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 30, 2004, the Defendant entered into an agreement with the Plaintiff to receive KRW 100 million from the Plaintiff and to repay KRW 170 million on June 5, 2004 (hereinafter “instant agreement”) and prepare and deliver a loan certificate (Evidence 1 of the instant agreement).

B. Upon the Plaintiff’s payment of KRW 100 million to the Defendant, the Defendant immediately paid the payment for the creation and sales services.

C. Since then, the Plaintiff failed to receive reimbursement from the Defendant as stipulated in the first agreement of this case, and around June 2004, the Defendant’s sales contract was revoked.

When the plaintiff urged the defendant to implement, the defendant proposed that the plaintiff be requested to return directly to the plaintiff for the creation.

While the Plaintiff urged the implementation of the assistance in the creation, the Plaintiff prepared a letter of commitment from the assistance in the creation on August 25, 2005 to September 30, 2005, to reimburse KRW 320,000,000,000, and received certification from the International Law Firm to the 3435,000,000 won.

(hereinafter “instant 2 Agreements”). E.

Meanwhile, the Plaintiff received on April 13, 2006, KRW 5 million, KRW 5 million on April 13, 2006, KRW 5 million on April 19, 2006, KRW 1 million on May 3, 2006, KRW 1 million on May 25, 2006, KRW 3 million on July 5, 2006, KRW 1 million on February 8, 2007, KRW 2 million on March 28, 2007, KRW 1 million on Nov. 23, 2007, KRW 2 million on November 18, 2007, KRW 2 million on July 16, 2008, KRW 9 million on July 3, 2008, KRW 2 million on July 1, 2009, KRW 9 million on July 26, 2009, respectively.

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

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the defendant is liable to the plaintiff for the unpaid KRW 125 million out of the loan certificate ( KRW 170 million - KRW 45 million) and the remaining amount.

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