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(영문) 서울남부지방법원 2015.09.11 2015가단219249
대여금
Text

1. The Defendant’s KRW 30 million and the Plaintiff’s 6.9% per annum from January 9, 2015 to May 15, 2015.

Reasons

1. On January 9, 2015, it is recognized that the Plaintiff lent KRW 30 million to the Defendant at an annual interest rate of 6.9% (Evidence A1). Therefore, the Defendant is obligated to repay the borrowed amount to the Plaintiff.

2. Judgment on the defendant's assertion

A. After the Defendant’s assertion, the Plaintiff participated in the business run in Thailand under the name of Thailand (hereinafter “instant business”), and decided to substitute the above loans with development costs. In the event a participant in the instant business fails to participate in the business due to a cause attributable to himself, the Plaintiff intended to dispose of the development costs he assumed at his own expense.

However, the Plaintiff did not participate in the instant project, and thus, should bear the development cost.

B. The judgment of the court below is that the plaintiff is a juristic person separate from A, and the plaintiff participated in the project of this case in the name of A.

The defendant's defense is not accepted because there is no evidence to prove that the defendant agreed to substitute the loans to the defendant for development costs.

3. Conclusion, the Defendant is obligated to pay to the Plaintiff 30 million won of the borrowed amount and the interest thereon at the rate of 6.9% per annum from January 9, 2015 to May 15, 2015, the delivery date of a copy of the instant complaint, and at the rate of 20% per annum from the next day to the day of full payment, as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., so it is so decided as per Disposition.

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