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(영문) 부산지방법원 2015.04.07 2013가단105034
대여금
Text

1. The defendant shall pay 30 million won to the plaintiff and 30% per annum from March 1, 2005 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff paid the Defendant KRW 26,201,00 on December 21, 2004, KRW 10 million on January 27, 2005.

An investment loan certificate: The amount set forth above shall be 3,00,000 won per month (investment revenue) from the plaintiff, the monthly dividend shall be 3,000,000 won, the monthly dividend shall be 2 months until March 30, 2005, the monthly dividend shall be 2 months, and the monthly dividend shall be 2 months until April 30, 2005.

The repayment portion of the principal shall be discussed among the parties and shall be re-established later.

B. On February 28, 2005, the Plaintiff received from the Defendant a certificate of borrowing investment funds (Evidence A 1) with the following content.

C. The Defendant registered a business operator in the name of C in the Chinese heart, and operated an online game character business in the name of C.

[Reasons for Recognition] Evidence No. 1, Evidence Nos. 2 and 3, Witness D's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the following circumstances revealed in the above facts and the above facts of recognition, the Plaintiff’s lending of KRW 30 million to the Defendant in full view of the following: (a) stated in the above investment loan loan certificate; (b) paid a certain amount of monthly dividends; and (c) premised on the repayment of principal.

【Plaintiffs” refers to the Plaintiff and the Defendant’s loans worth KRW 30 million (hereinafter “instant loans”).

(B) Although it is alleged that the period of reimbursement was set on June 30, 2005, the statement in Gap evidence No. 1 alone is insufficient to recognize it, and there is no other evidence to acknowledge it).

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the interest rate of KRW 30 million per annum calculated by the rate of 30% per annum from March 1, 2005 to the date of full payment, as the Plaintiff seeks.

3. Judgment on the defendant's assertion

A. The Defendant asserted the extinction of the statute of limitations for the original claim, and the instant loan claim.

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