(영문) 서울중앙지방법원 2015.09.03 2015가합508506

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(영문) 서울중앙지방법원 2015.09.03 2015가합508506

대여금

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1. As to KRW 569,00,000 and KRW 500,000 among the Plaintiff, the Defendant shall start from January 10, 2015 to September 3, 2015.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the representative director of “Co. E” that operates the “Dweve” in Gangnam-gu Seoul, Seoul. 2) The Defendant is engaged in performance business, cultural content planning, production, distribution business, and drama production, and operates F and G.

B. On January 10, 2013, the Plaintiff: (a) paid KRW 500 million in cash to the Defendant on January 10, 2013; (b) the Defendant, at the end of March, 2013, drafted a “plan for borrowing and repayment of cash (No. 1-1 and hereinafter “the instant loan certificate”).

The loan certificate of this case contains the following descriptions:

① A creditor: The Plaintiff, the debtor, and the amount: KRW 50 million. ② The Plaintiff lent the said amount to the Defendant in cash on January 10, 2013.

(1) The Defendant shall reimburse the said amount of KRW 569 million including the principal at an annual interest rate of KRW 6.9% until January 9, 2015.

(2) (3) The defendant shall endeavor to repay principal for the plaintiff even before the period specified in paragraph (2) and shall study and endeavor to provide items in favor of the plaintiff due to the defendant's business.

(3) (4) The plaintiff does not demand or collect the information to the defendant before the time limit set forth in paragraph (2) and maintains confidentiality.

(4) [Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 and Eul evidence No. 1 and 2 (including provisional number), the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant loaned money to the Plaintiff as necessary for the production cost of DRama’s “H”, which subsequently received a PF loan and paid to the Plaintiff according to the progress of the business.

The plaintiff shall lend a total of one billion won to the defendant, taking into account the progress of the defendant's drama organization, to lend KRW 500 million to the defendant around January 2013 and KRW 500 million as of June 2013, and to lend KRW 500 million to the defendant.

Therefore, the defendant shall pay KRW 500 million to the plaintiff and this.

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