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(영문) 수원지방법원 2017.09.29 2017가단17296
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from June 23, 2017 to the date of full payment.

Reasons

1. The plaintiff alleged on July 5, 2007 lent KRW 150,000,000 to the defendant on July 5, 2007 with the due date set on July 5, 2008. Thus, the defendant is obligated to pay the plaintiff a loan of KRW 150,000,000 and delay damages.

Even if a loan is not a loan, the defendant decided on July 5, 2007 to return the investment amount of KRW 150,000,000 to the plaintiff on July 5, 2007, and the defendant is obligated to pay the plaintiff the investment amount of KRW 150,000,000 and the delay damages therefor.

2. Determination

A. It is insufficient to recognize that the Plaintiff lent KRW 150,000,000 to the Defendant on July 5, 2007 only with the descriptions of the evidence Nos. 1 and 3, and there is no other evidence to acknowledge otherwise. Thus, the Plaintiff’s primary assertion is rejected.

B. According to the purport of the written evidence No. 1 and the oral argument, the Defendant: (a) mutually named “C and D” and the Defendant engaged in household goods, health supplies, tools, and retail business; and (b) the Plaintiff invested in the above business; and (c) on July 5, 2007, the Defendant prepared and executed a written document stating that the Plaintiff will pay the invested principal of KRW 150,000,000 to the Plaintiff.

Therefore, according to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 150,000,000 investment and delay damages at the rate of 15% per annum from June 23, 2017 to the date of full payment, which is obvious from June 23, 2017 to the date of delivery of a copy of the complaint of this case.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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