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(영문) 창원지방법원통영지원 2017.10.12 2017가합10004
대여금
Text

1. The defendant shall pay to the plaintiff KRW 840,00,000 and KRW 500,000 among them, from April 6, 2012 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. On September 6, 2010, the Plaintiff: (a) decided to lend KRW 500 million to the Defendant 1.5% of the interest per month (7.5 million per month) and the due date on March 6, 2011; and (b) remitted KRW 500 million per month to the Defendant’s deposit account; (c) the Plaintiff additionally lent the amount of KRW 300 million on September 30, 201, and KRW 40 million on March 4, 201 without setting interest and the due date.

(3) The Defendant paid to the Plaintiff KRW 4,50,000,000 as interest and delay damages on the instant loan (hereinafter “instant loan”), KRW 7,50,000,000 on November 2, 201, KRW 12,000 on November 7, 201 of the same year, KRW 12,00,000 on January 10, 201, KRW 200,000 on January 10, 201, and KRW 44,00,000 on March 10, 2012, KRW 60,000 on March 10, 201.

(hereinafter the same shall apply)

each entry, the purport of the whole pleading

B. According to the theory of lawsuit, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 840 million ( KRW 500 million KRW 40 million) and KRW 500 million, whichever is determined as March 6, 201, with the agreed interest rate of KRW 18% per annum from April 6, 2012 to the date of full payment, and with respect to KRW 340 million without the agreed interest rate of KRW 340 million from January 18, 2017, on which the copy of the complaint of this case was delivered to the Defendant, and as requested by the Plaintiff, damages for delay calculated at the annual rate of KRW 15% per annum from October 13, 2017 to the date of full payment, etc.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that the Defendant: (a) against C Co., Ltd. (hereinafter “C”), KRW 815 billion claims for the return of the sales contract amount; and (b) KRW 1.37 billion claims, including the cost of facilities for the D Shipbuilding; and (c) KRW 1.15 billion claims.5 billion.

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