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(영문) 수원지방법원 성남지원 2018.01.18 2016가단224236
대여금
Text

1. The defendant shall pay 100,000,000 won to the primary plaintiff and 24% per annum from July 1, 2009 to the date of complete payment.

Reasons

1. Judgment as to the primary plaintiff's claim

A. The judgment on the cause of the primary plaintiff's claim was made and paid to the defendant at the interest rate of 2% per month the sum of KRW 100 million on October 27, 2006, KRW 50 million, and KRW 100 million on April 4, 2007 (hereinafter "instant KRW 100 million"). The defendant paid KRW 39 million to the primary plaintiff from January 2007 to August 27, 2008 as interest rate of KRW 100,000,000,000 to the primary plaintiff around January 23, 2009. The defendant did not provide the conjunctive plaintiff (the plaintiff of this case), KRW 130,000,000,000, KRW 130,000,000, and KRW 30,000,000,000, KRW 130,000,00,000,00 each of the parties' pleadings and promissory notes were written or delivered.

According to the above facts, it is reasonable to view that the Defendant lent the instant KRW 100 million to the primary Plaintiff (hereinafter “the instant loan”). As so, the Defendant is obligated to pay to the primary Plaintiff damages for delay at the rate of 24% per annum from July 1, 2009 to the day of full payment after the date of payment of the instant loan, as the primary Plaintiff seeks from the primary Plaintiff.

B. The Defendant alleged that the instant KRW 100 million is not a loan, but an investment loan. However, as seen earlier, there exists a fixed interest rate agreement on the instant KRW 100 million, and the Defendant actually paid KRW 39 million to the primary Plaintiff according to the said interest agreement, and in relation to the instant KRW 100 million, the Defendant drafted and delivered a promissory note document as of June 30, 2009, which is KRW 130 million at face value, to the primary Plaintiff. In light of the fact that the instant KRW 100 million was written and delivered to the primary Plaintiff, it is deemed that the instant KRW 100 million was a loan, not a loan.

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