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(영문) 창원지방법원진주지원 2020.12.30 2020가단540
대여금
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 6% from December 30, 2018 to December 30, 2020, and December 31, 2020.

Reasons

1. Basic facts

A. On December 27, 2017, the Plaintiff sold to the Defendant the 11st floor F of the E Apartment-Type 11 (hereinafter “instant apartment”). The Plaintiff agreed that the purchase price was KRW 50,000,000.

On December 28, 2017, the Plaintiff completed the registration of ownership transfer on the instant apartment with the Defendant without receiving the purchase money from the Defendant.

B. On January 9, 2018, the Defendant paid KRW 25,000,000 to the Plaintiff out of the purchase price.

C. On December 30, 2018, the original Defendant drafted a loan certificate with respect to the amount for which the Plaintiff delayed payment of the purchase price of the apartment of this case to the Defendant.

The original defendant agreed to pay interest at 0.5% per month and the repayment date of principal on December 30, 2019.

[Ground of recognition] Evidence No. 1, Evidence No. 1, Eul No. 1, 2, and 3, and the purport of the whole pleading

2. Determination on the cause of the claim

A. At the time of December 30, 2018, the Defendant assumed the Plaintiff’s liability equivalent to KRW 25,000,000 for the unpaid purchase price (i.e., KRW 50,000,000 for the purchase price - KRW 25,000 paid on January 9, 2018).

However, since the original defendant agreed to make the above 25,00,000 won debt as the object of the loan for consumption while preparing a loan certificate, it is reasonable to view that the original defendant entered into a quasi-loan agreement (Article 605 of the Civil Act).

B. Accordingly, the Defendant is obligated to pay to the Plaintiff the amount of KRW 25,00,000 and the delay damages calculated at the rate of 6% per annum under the agreement from December 30, 2018, which is the date of the quasi-Loan Agreement, to December 30, 2020, which is deemed reasonable for the Defendant to dispute over the existence of the obligation or the scope of the obligation to perform the instant case, until December 30, 200, under the agreement, and from December 31, 2020 to the date of full payment.

C. The Plaintiff filed a claim against the Defendant for KRW 40,000,000 on the ground that the evidence Nos. 1 (G.) was written as KRW 40,000.

However, the above evidence.

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