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(영문) 수원지방법원성남지원 2017.08.18 2017가단8622
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from March 24, 2017 to the day of complete payment.

Reasons

According to Gap evidence Nos. 3, 200,000 won borrowed from the plaintiff on June 30, 2009 and issued a certificate of loan to the plaintiff on July 10, 2009. The defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 24, 2017 to the day of full payment, as requested by the plaintiff, as it is after the due date for repayment.

Accordingly, the defendant does not have an obligation to return 40,000 won to the plaintiff as it is not a loan but an investment loan. Since the plaintiff did not have prepared and issued the above loan certificate, according to each of the evidence Nos. 3, 4, and 1, the above loan certificate stated that the debtor's certificate is attached to the above loan certificate. The defendant issued the defendant's certificate of personal seal on July 10, 2009 after the above loan certificate was issued, and the defendant invested 40,000,000 won between the plaintiff and the plaintiff on March 25, 2011, but the defendant did not recover it, and therefore, the defendant prepared a share transfer contract to the plaintiff to the effect that 30% of the defendant's share in the Africa and the gold mine development project is transferred to the plaintiff. However, even if the transfer contract was entered, the defendant did not obtain the above shares from the plaintiff and the above defendant on the ground that the above transfer of shares was not executed by the plaintiff.

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