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(영문) 서울중앙지방법원 2020.10.13 2019가단5241816
대여금
Text

1. The defendant's KRW 200 million and its relation to the plaintiff from February 1, 2019 to the same year

4. up to 30.0% per annum.

Reasons

1. Basic facts

A. On February 1, 2019, a monetary loan agreement was concluded between the Plaintiff and the Defendant to the effect that “the Defendant borrowed KRW 200 million on the same day from the Plaintiff at an annual interest rate of 3%, interest rate of delay at an annual rate of 25%, and repaid until March 15, 2019.”

On February 1, 2019, the Plaintiff remitted the above KRW 200 million to the Defendant.

B. After that, on April 9, 2019 between the Plaintiff and the Defendant’s request, a monetary loan agreement was drafted to the effect that “the repayment date of the said money shall be extended by April 30, 2019 and the interest rate for arrears shall be changed by 15% per annum.”

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 5, and the purport of the whole pleadings】

2. Determination

A. As long as the authenticity of written text documents is recognized, the court shall recognize the existence and content of the expression of intent stated in the document unless there is any counter-proof (see, e.g., Supreme Court Decision 87Meu2143, Apr. 27, 198). According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum, which is the agreed interest rate from February 1, 2019, which is the borrowing date, to April 30, 2019, and the interest calculated at the rate of 200 million won per annum from February 1, 2019, which is the borrowing date to April 30, 2019, which is the repayment date.

B. As to this, the Defendant asserted that, at the request of the Nonparty Co., Ltd., a non-party C (hereinafter “non-party C”), 200 million won out of the service cost, which the Defendant provided consultation related to pharmaceutical affairs to the non-party C (hereinafter “non-party C”), was formally prepared a monetary loan contract and received through the Plaintiff. As such, the Defendant did

According to the evidence No. 1-7, No. 1-2, No. 2-2, the witness D, and E’s testimony, etc., the Defendant, on January 25, 2019, entered into a joint business agreement including a joint business agreement between the non-party company (the contractor) and the non-party company (the “stock company F”), to provide the non-party company with the advice of the pharmaceutical-related business and to receive the service cost.

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