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(영문) 울산지방법원 2019.02.14 2018가합23168
대여금
Text

1. The Defendant’s KRW 500,000,000 and the interest rate of KRW 15% per annum from June 15, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On November 19, 2015, in order to implement a regional housing project with respect to the parcel outside Ulsan-gu, Ulsan-gu, Seoul, and seven parcels owned by the Defendant, the seller is KRW 8.3 billion, and the sales amount is KRW 6.7 billion on the date of the contract, and the remainder KRW 7.7 billion on the date of the contract, and the remainder amount is KRW 7.7 billion on April 30, 2016, respectively, and the sales contract was concluded to pay damages for delay at the market interest rate (hereinafter “instant sales contract”). The Plaintiff paid the Defendant the down payment amount of KRW 600 million on the date of the contract.

B. The Plaintiff’s KRW 200 million on June 15, 2016, and the same year to the Defendant.

6. On June 16, 198, a total of KRW 500 million including KRW 300 million (hereinafter “instant KRW 500 million”) was remitted and paid.

C. Meanwhile, on the other hand, on February 19, 2016, the Defendant leased KRW 300 million to the Plaintiff at the rate of 5% per month and on May 5, 2016, and received reimbursement of the principal KRW 300 million from the Plaintiff on July 21, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 3 and 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant lent the real estate purchase fund to the defendant upon the defendant's request that the defendant lend the real estate purchase fund to a director at a different place in the business site where his house will be implemented. Thus, the defendant must pay the above loan amount of KRW 500 million to the plaintiff.

B. The Defendant’s assertion that the instant KRW 500 million was not the Defendant borrowed from the Plaintiff, but ① KRW 230 million calculated by deducting the Plaintiff’s down payment amounting to KRW 600 million, which was already paid by the Plaintiff, from KRW 830 million agreed upon by the Plaintiff and the Defendant to pay as the actual down payment, unlike the instant sales contract (= KRW 830 million - KRW 600 million), ② as the payment of the remainder of KRW 7.7 billion is delayed, damages for delay calculated at the rate of KRW 24% per annum from May 1, 2016 to June 16, 2016, calculated at the rate of KRW 231,762,376, ③.

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