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(영문) 창원지방법원마산지원 2017.12.12 2017가단104111
대여금
Text

1. The Defendant calculated the Plaintiff’s KRW 42,00,000 with 15% per annum from August 10, 2017 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) C Co., Ltd. (hereinafter “instant company”).

(2) On December 8, 2015, the Plaintiff entered into a business agreement with the Defendant on the management of the instant company on December 10, 2015, and leased KRW 42 million amounting to 14% of the capital (=30 million x 14%) to the Defendant.

3) Under the foregoing business agreement, D, the Defendant’s spouse, is 4,200 shares of the instant company (10,000 won per share, hereinafter “instant shares”).

(A) acquired the evidence. [In the absence of dispute over the basis for recognition, entry of evidence A 1, 2, 4, and 5, the purport of the whole pleadings, and the purport of the whole pleadings.]

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 42 million and the damages for delay calculated by 15% per annum from August 10, 2017 to the date of full payment after the delivery of a copy of the instant complaint.

2. The defendant's defense is proved to the purport that the plaintiff expressed his/her intent to exempt the defendant from the debt borrowed, and that the plaintiff is exempted from the liability when he/she returned the shares of this case to the plaintiff.

However, the evidence submitted by the defendant alone is insufficient to recognize that the plaintiff and the defendant have concluded a special agreement to extinguish or exempt the debt borrowed from the debt finally, and there is no other evidence to acknowledge it.

Therefore, the above defense is without merit.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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