(영문) 서울중앙지방법원 2020.07.17 2020가합522803

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(영문) 서울중앙지방법원 2020.07.17 2020가합522803

대여금

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1. The defendant shall pay 35,00,000 won to the plaintiff and 12% per annum from April 23, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. From January 20, 2019 to January 22, 2019, to send KRW 16,000,000 that the Defendant requested by the Defendant, the Plaintiff wired the Defendant a total of KRW 18,000,000 to the Defendant by account transfer multiple times. Of them, KRW 2,00,000 was returned from the Defendant.

B. The Plaintiff, on April 29, 2019, remitted to the Defendant KRW 3,00,000,000, and KRW 2,000,000 on May 19, 2019, and KRW 3,00,000 on May 19, 2019, and KRW 4,00,00,00 on December 17, 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 13 through 17 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. If the Plaintiff’s assertion that the Plaintiff borrowed money to the Defendant, the Defendant subsequently agreed to pay to the Plaintiff part of the incentives that the Plaintiff received by his company to achieve its business performance. The agreed payment rate at this time is KRW 1,00,000 per loan of KRW 5,00,000 and KRW 20% per loan of KRW 12% on the premise that the Plaintiff is 12% on the basis that the loan is 12%.

applicable to degree.

The Defendant entered the Plaintiff into an agreement with a total of KRW 35,00,000 as an incentive for the above loans and its total of KRW 5,500,000 ( KRW 5,000,000 as from January 20, 2019 to January 22, 2019) or as from January 20, 2019 for convenience (hereinafter the same shall apply). As for KRW 16,00,000, KRW 3,000,000 as from April 29, 2019, KRW 2,00,000,000 as from April 29, 200, and KRW 4,000 as from December 17, 2019 to the Plaintiff, the Defendant is obligated to pay the above total of KRW 50,500,000 as well as damages for delay.

3. Determination

A. In full view of the purport of the entire pleadings as to the claim for a loan, the Plaintiff may be found to have lent a total of KRW 35,000,000 to the Defendant (i.e., KRW 16,000,000, KRW 2000,000, KRW 3,0000,000). As such, the Defendant is liable to pay the Plaintiff the above loan amount of KRW 35,00,000,000 and damages for delay.

(b) Determination Party A’s claim for incentives is subject to Articles 2 through 6, and

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