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(영문) 서울남부지방법원 2019.07.11 2019가단2487
대여금
Text

1. The Defendant’s KRW 70,000,000 and its amount shall be 15% per annum from February 23, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 as to the cause of the claim, the plaintiff entered into a contract with an agent that purchased equipment, supplies, etc. operating expenses from D on January 10, 2017 and provides Balalalalal (V and Virtual Realization) filming services, etc. (hereinafter “instant contract”). The plaintiff paid KRW 88 million including expenses for the agency establishment under the instant contract, KRW 5,00,000,000,000,000,000,000,000 won, and thereafter, D did not pay the plaintiff the confirmed revenue, etc. as stipulated in the instant contract, and the defendant prepared on October 27, 2017 with a certificate of full repayment of KRW 70 million,000,000,0000,000,0000,000,000.

According to the above facts, the defendant is obligated to pay to the plaintiff 70 million won and its late February 23, 2019 to May 31, 2019, the day following the delivery date of a copy of the complaint of this case, 15% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the main text of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); and damages for delay calculated at the rate of 12% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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