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(영문) 창원지방법원 2015.12.17 2015가단6305
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1, 3, and 4, the plaintiff paid KRW 100 million to the defendant on June 3, 2008. The plaintiff and the defendant paid KRW 50 million to the defendant on May 26, 2009. The plaintiff and the defendant borrowed KRW 100 million on June 3, 2008 as business funds, and borrowed KRW 150 million on May 26, 2009 to the plaintiff KRW 300,000,000 per month, KRW 60,000 won per month, and the loan period of KRW 1,000,000 per month can be extended to KRW 2,000,000,000 per month, and KRW 2,000,000 per month, KRW 3,000,000 per month with the interest of KRW 2,000,00 per month, and KRW 1,6000,00.

2. The parties' assertion

A. The Plaintiff promised to invest KRW 150 million in the Defendant’s business and pay KRW 50 million to the Plaintiff’s business profits each month, with the promise to receive KRW 5 million through KRW 6 million.

The Defendant requested the return of KRW 150 million to the invested principal on or before January 2012 due to no timely payment of the proceeds. Around June 2012, the Defendant returned KRW 30 million to the Defendant, and the remainder of KRW 120 million was received on or before December 4, 2012.

The defendant is obligated to pay to the plaintiff 120 million won with interest rate of 20% per annum from December 5, 2012 to the day of complete payment.

B. The Defendant shall pay KRW 150 million to KRW 50 million per month interest of KRW 5 million from the Plaintiff.

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