Text
1. The Defendant’s KRW 4,710,552 as well as the Plaintiff’s annual rate of KRW 6% from April 1, 2014 to May 1, 2014.
Reasons
1. On August 27, 1993, the Plaintiff entered into a trust agreement with the Defendant for a trust amount of KRW 10,000,000, trust period of KRW 240, and a trust agreement for old age pension for the distribution of dividend rate performance (hereinafter “instant trust agreement”) and paid the Defendant the above KRW 10,000,000 to the Defendant is not in dispute between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings as set forth in the evidence No. 1.
2. According to the Plaintiff’s assertion at the time of the instant trust agreement, if the Defendant’s notice distributed (hereinafter “instant notice”) was received for twenty (20) years, the Defendant is obligated to pay the said money according to the payment rate of KRW 118,452,708 based on the rate of 13% per annum at maturity. As such, the Defendant is obligated to pay the said money according to the notice.
3. Determination
A. In full view of the reasoning of the argument as to the cause of the claim No. 1, the notice of this case contains the following facts: (a) the notice of this case contains the following purport: (b) the distribution rate: performance dividend; and (c) the statement of temporary payment (118,452,708 won may be paid if the grace period is 20 years, 118,452,708 won; and (d) the fact that the notice of this case contains the phrase “the amount to be received may be increased or decreased at the time of the rate or change of the rate,” and (e) the plaintiff’s assertion based on the premise that the rate of the trust of this case is 13% per annum; and (e) the defendant shall return to the plaintiff the trust money with dividends added to performance dividends in accordance with the trust contract of this case. In full view of the purport of the evidence No. 6 as a whole, the trust money of this case is to be returned to the defendant as of March 31, 2014.
B. As to the judgment on the Defendant’s assertion, the Defendant asserts that the principal and interest of the loan granted by the Defendant to the Plaintiff as a security shall be deducted.