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(영문) 서울중앙지방법원 2017.11.28 2017가단5103514
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 29,157,427 and the interest rate of KRW 15% per annum from May 16, 2017 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 5 (including virtual numbers) as to the cause of the claim, the plaintiff loaned KRW 35,00,000 to the defendant, etc. on April 21, 2014, under the name of the local construction company establishment reserve by Algergeria, and where the plaintiff did not participate in the establishment of a company, the defendant, etc. jointly and severally returns the above loan within six months, and where prior investment decision was rendered, the defendant, etc. shall pay the principal and interest at KRW 35,00,000 by applying bank interest rate (hereinafter "the agreement of this case"), and the defendant, etc. shall pay the principal and interest at KRW 35,00,00,000 to the defendant, etc.

If factual relations are as above, it is reasonable to view that prior investment decision under the instant agreement was null and void. Therefore, barring any special circumstance, the Defendant, etc. is jointly and severally liable to pay the Plaintiff the unpaid principal and interest and damages for delay as described in paragraph (1) of the instant agreement.

2. The Defendant’s argument regarding the Defendant’s assertion is alleged to the effect that “C repaid the Plaintiff a sum of KRW 15,00,000 to the Plaintiff during the criminal proceeding on or around May 2017.” However, there is no evidence to acknowledge this. Therefore, the Defendant’s allegation is without merit.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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