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(영문) 수원지방법원 2019.11.27 2019가단16556
대여금
Text

1. The Defendant’s KRW 56,050,00 and the Plaintiff’s annual rate of KRW 5% from August 1, 2009 to July 25, 2019.

Reasons

1. The fact that the Plaintiff lent a total of KRW 96,050,000 to the Defendant on June 27, 2005 and December 14, 2007, which determined the period of reimbursement as of the end of 2009 is recognized in accordance with the respective entries and arguments in subparagraphs A and 6.

According to the above facts, the defendant is obligated to pay to the plaintiff 56,050,000 won remaining after deducting the amount the plaintiff was paid from the defendant among the above loans, and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 1, 2009 to July 25, 2019, which is obviously a delivery date of a copy of the complaint of this case from August 1, 2009 to the day of full payment, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. The defendant's assertion argues that the money that the plaintiff claimed to lend to the defendant constitutes the purchase price of stocks.

However, even based on the materials submitted by the Defendant, the Defendant does not appear to have delivered share certificates or allocated shares to the Plaintiff. In addition, in light of the fact that the Defendant did not appear to have taken the procedure, such as refund of shares at the time of returning part of the above money, it is insufficient to reverse the recognition of the facts as seen earlier solely based on the evidence or circumstances presented by the Defendant.

Therefore, the defendant's above assertion is not accepted.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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