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(영문) 대전지방법원서산지원 2015.11.04 2015가단4636
대여금
Text

1. The Defendant’s KRW 52,00,000 as well as the Plaintiff’s annual rate from May 1, 2015 to June 11, 2015, and the following.

Reasons

1. The following facts are recognized in light of the respective descriptions of Gap evidence Nos. 1, 2, 3 and Eul evidence Nos. 2 and the purport of the whole pleadings.

① The Plaintiff paid KRW 10,00,000 to the Defendant Company on July 30, 2010, and KRW 19,000,000 on August 20, 2010, and KRW 10,000 on October 18, 2010.

② On April 25, 2014, the Plaintiff and the Defendant Company drafted an implementation agreement (hereinafter “instant implementation agreement”) with the following contents, and the general partner C of the Defendant Company affixed his official seal on the name of “D”.

Name: D Address D: position E in Chungcheongnam-si: The above-mentioned representative director of the Partnership Company B will take over B's shares of limited partners A until April 2015 and will pay gold 52,000,000 won (one million won).

The other party who fails to perform the above shall be bound to assume civil and criminal responsibilities.

Provided, That it is recognized that there is no monetary relationship between B and B.

2. According to the above facts of recognition as to the cause of the claim, the defendant company should pay the plaintiff money in accordance with the performance agreement of this case.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from May 1, 2015 to June 11, 2015, which is the delivery date of a copy of the complaint in this case, 20% per annum as stipulated by the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the following day to September 30, 2015, and 15% per annum as stipulated by the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from October 1, 2015 to the day of full payment.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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