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(영문) 춘천지방법원원주지원 2017.06.22 2016가합5715
대여금
Text

1. As to KRW 200,102,739 and KRW 200,00 among them, the Defendant shall pay to the Plaintiff KRW 200,000 from April 25, 2010 to July 14, 2014.

Reasons

1. On August 21, 2007, the Defendant issued to the Plaintiff a promissory note with the face value of KRW 240,000,000, the issuer, the Defendant, the date of issuance, August 21, 2007, and December 21, 2007, respectively (hereinafter “instant promissory note”).

On August 28, 2007, the Plaintiff and the Defendant drafted a notarial deed as to the Promissory Notes of this case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to whether the Plaintiff’s principal of the loan and the damages for delay accrue

A. On August 21, 2007, the Plaintiff entered into a loan agreement between the Defendant and the principal amounting to KRW 200,000,000, and the due date of payment on December 21, 2007, and KRW 10,000,000 per interest, and the Plaintiff lent KRW 200,000 to the Defendant. 2) On August 21, 2007, the Plaintiff agreed to transfer the ownership of KRW 126,00 from C on December 21, 2007.

In order to secure C’s obligation to transfer ownership to the Plaintiff, the Defendant issued and delivered the instant promissory note with face value of KRW 240,000,000, which is the expected sale price of the D Building 126, which was newly constructed at the time, to the Plaintiff.

Even if the Plaintiff lent KRW 200,000 to the Defendant, it is unreasonable to apply the rate of KRW 30% per annum on damages for delay to the Defendant, and thus, it should be reduced by Article 398(2) of the Civil Act.

B. In light of the following circumstances, whether the Plaintiff lent KRW 200,000 to the Defendant, the Plaintiff entered into a loan agreement with the Defendant for consumption with the principal amounting to KRW 200,000,000 on August 21, 2007, and the Defendant lent KRW 200,000,000 to the Defendant, in consideration of the following circumstances: (a) whether the Plaintiff lent KRW 200,000,000 to the Defendant; and (b) whether the Plaintiff lent KRW 200,000,000 to the Defendant.

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