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(영문) 의정부지방법원 고양지원 2018.09.21 2017가합72402
대여금
Text

1. As to KRW 36,00,000 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff the year from December 21, 2015 to September 21, 2018.

Reasons

1. Basic facts

A. On November 2012, the Defendant requested the Plaintiff to lend KRW 30 million to the Plaintiff. On November 27, 2012, the Defendant drafted a letter of payment with the effect that “the Defendant may use both the Defendant’s and the Defendant’s patent right and the patent right under the Defendant’s personal name (hereinafter collectively collectively referred to as “the patent right of this case”) to the Plaintiff on November 27, 2012, on the condition that “the Defendant shall pay KRW 30 million from the Plaintiff on November 27, 2012, up to December 10, 2012.”

(A) Evidence No. 1 1.b.

Accordingly, on November 28, 2012, the Plaintiff received loans of KRW 30 million at 2% per month and paid KRW 30,863,000 to the Defendant, and the Defendant paid KRW 600,000,000,000,000 per month, which is the amount equivalent to the interest on the loan, to the Plaintiff.

(1) No. 1(c).

On March 30, 2013, the Defendant: (a) drafted a letter of payment stating that “the Defendant shall pay the Plaintiff the loan amount of KRW 30 million from the Plaintiff up to June 30, 2013; (b) on November 27, 2012, the Defendant shall be subject to the repayment from the Plaintiff to June 30, 2013; (c) this shall be entitled to all of the patent rights of this case owned by the Defendant at the time of going on; and (d) the office deposit of Gangnam-gu Seoul Metropolitan Government KRW 103,000,000 from the Plaintiff on November 27, 2012, the Defendant shall be entitled to the repayment of the loan amount of KRW 30,000 from the Plaintiff until December 10, 2013; and (d) written the letter of payment agreement giving priority to the payment of the loan amount of KRW 103,100,000 in the office of Gangnam-gu Seoul Metropolitan Government building C.”

(A) No. 1-3, 4) d.

On September 22, 2015, the Defendant drafted a letter of commitment with the following content to the Plaintiff:

(A) No. 1-5 (hereinafter “instant letter of commitment”). The Defendant shall be equally responsible for the entire content of the letter of commitment on June 30, 2013, and shall pay KRW 36,00,000 as follows by December 20, 2015:

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