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(영문) 서울동부지방법원 2017.05.24 2016가합1401
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 550,000,000 and interest rate of KRW 15% per annum from April 30, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On November 13, 2007, the Plaintiff lent KRW 500,000,000 to Defendant B (this rate is 7% per annum) and KRW 300,000,000 (this rate is 8% per annum) around December 27, 2007.

B. On February 1, 2010, Defendant B and his wife, Defendant C prepared and implemented a repayment plan with the following content to the Plaintiff.

The repayment amount / Details of February 5, 2010, 15% of the shares of D Co., Ltd. (hereinafter “D”) (200,000,000 won) on September 30, 2010, including interest of 150,000,000 won in cash on December 29, 2010, as follows:

The amount of KRW 2,500,000 per month shall be the advisory fee instead of interest.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants are jointly and severally liable to pay to the Plaintiff the principal and interest of KRW 550,00,000,000 in accordance with the instant repayment plan.

B. Defendants 1) The Plaintiff did not lend KRW 500,00,000 to Defendant B, but invested in Defendant B’s development project for defection treatment. Therefore, the Plaintiff’s assertion based on the premise that the said money is a loan is unreasonable. 2) Defendant C merely signed the instant loan certificate and the repayment plan as Defendant B’s wife, or cannot be deemed as a joint and several surety for the said loan obligation.

3) Defendant B paid to the Plaintiff totaling KRW 306,413,253, including the transfer of shares equivalent to KRW 200,000,000 according to the instant repayment plan (= KRW 106,413,253, such as the transfer of shares in KRW 200,000,000). Defendant B borrowed KRW 500,000 for the purpose of the business fund. As Defendant B borrowed the above KRW 500,00,000 for the purpose of the business fund, the obligation constitutes a commercial obligation. Accordingly, the extinctive prescription has expired five years after the date of each due date specified in the instant repayment plan.

3. Determination

A. Whether the above KRW 500,000,000 as investment money was not returned or not, the Plaintiff was Defendant B.

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