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(영문) 서울중앙지방법원 2019.05.02 2018가단5060416
대여금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from May 15, 2018 to the date of full payment.

Reasons

1. Basic facts

A. From February 2016 to July 20, 2016, the Plaintiff loaned KRW 106,000,000 to the Defendant as a business fund for the gold sales business that the Defendant operated.

B. The Defendant paid the amount between KRW 500,000 and KRW 1,00,000 each month from April 2016 to KRW 500,00,000 as business funds, as part of the profits earned by using the said principal as business funds, as the interest rate to the Plaintiff.

C. The Defendant separately repaid the Plaintiff KRW 6,000,000 out of the principal of the above loan.

After that, on September 13, 2016, the Defendant received KRW 100,000,000 of the remaining principal of the loan at the Plaintiff’s request, and, at the Plaintiff’s request, prepared a cash custody certificate which contains an agreement to return it within one month thereafter.

E. The Plaintiff demanded the Defendant to return the above loan from around 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including evidence with a serial number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the cause of the claim

A. Accordingly, according to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 15, 2018, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, from May 15, 2018 to the day of full payment.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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