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(영문) 서울동부지방법원 2017.05.24 2015가단117487
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 127,50,000 and the interest rate of KRW 15% per annum from March 16, 2016 to the date of full payment.

Reasons

1. Facts recognized;

A. The Plaintiff operated the manufacturing business of electricity and electronic parts with the trade name C.

The defendant is a patentee of a patent registration number D (title of invention: E; hereinafter referred to as "patent of this case").

B. On December 5, 2012, the Defendant entered into a contract on consignment and supply of goods with the content that the Plaintiff would allow the Plaintiff to produce products using the instant patent right so that they can use the instant patent right so that they can produce the products using the contact and standby power blocking technology (hereinafter “instant contract”).

Date of Payment (2013) No. 1

1. 5,000,000 2

1. 5,000,000 3

5. 2,500,000

7.30,000,000 5

3. 22.10,000,000

1. 20,000,000

5,000,000 8

6. 30,000,000 9

7. 20,000,000 Aggregate 127,500,000

C. From January 16, 2013 to July 15, 2013, the Plaintiff paid the Defendant totaling KRW 127,500,000 on nine occasions as indicated below, as follows:

On December 16, 2013, the Defendant issued to the Plaintiff a written confirmation of loan payment, stating that “The Plaintiff was paid KRW 127,500,000 in total amount of the loan, and the method and timing of repayment of the loan shall be subject to mutual agreement,” as stated in the foregoing sub-paragraph (c).

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the above KRW 127,500,000 is determined to be the amount lent to the defendant by the plaintiff.

The defendant asserts that he denies a loan (the non-existence of a loan, the advance payment of patent license fees, and the advance payment of profits under the business agreement) but is not accepted.

B. The main text of Article 603(2) of the Civil Act provides that “In the absence of an agreement on the time to return, the lender shall set a reasonable period and demand the return thereof.” Thus, the defendant shall be liable for delay after the lapse of a reasonable period from the time when repayment of the loan was notified.

Therefore, the defendant is 127,500.

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