logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.12.12 2012가합40085
대여금 등
Text

1. The Defendant’s KRW 800,000,000 as well as 3% per annum from August 26, 2009 to May 22, 2012 to the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 3 and 7 as to the claim for the return of investment amount, the plaintiff invested KRW 800 million to the defendant on August 26, 2009 (hereinafter "the investment amount of this case"), and Article 6 of the above investment agreement may request the plaintiff to return the investment amount at any time. Upon the plaintiff's option, the defendant shall return the investment amount by adding the amount calculated by the standard interest rate for deposit in commercial banks from the date of full payment to the date of full payment (no dispute over the point that is 3% per annum) to the date of full payment. The plaintiff notified the defendant on March 13, 2012 that the return of the investment amount of this case is required by the plaintiff.

According to the above facts, the defendant is obligated to pay to the plaintiff 80 million won with the return of the investment amount of this case and the interest at the rate of 3% per annum from August 26, 2009 to May 22, 2012, the delivery date of a copy of the complaint of this case, and damages for delay at the rate of 20% per annum from the next day to the day of full payment.

2. Determination on the claim for loans or the amount of money transferred

A. Determination as to the primary claim 1) According to the following facts and circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings as to Gap evidence Nos. 2, 4, 6, 8, 11 through 15, Eul evidence Nos. 4, 10, and 11 (including each serial number), the Plaintiff’s cash amounting to KRW 3.5 billion in total from Sep. 22, 2009 to Oct. 31, 201, at the Defendant’s request of the representative director, shall be deemed as funds other than the Defendant’s account book (hereinafter “foreign funds”).

(A) A) The Defendant, on September 29, 2009, prepares a pre-contract agreement with D Co., Ltd. (hereinafter referred to as “D”) and E Co., Ltd. (hereinafter referred to as “instant pre-contract”) and prepares a pre-contract agreement for E Co., Ltd. (hereinafter referred to as “instant pre-contract”) and pays money. D on September 29, 2009.

arrow