(영문) 서울서부지방법원 2017.04.06 2016가단247400

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(영문) 서울서부지방법원 2017.04.06 2016가단247400

대여금

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1. The Defendant shall pay to the Plaintiff KRW 110,00,000 as well as 30% per annum from October 3, 2012 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff shall make an investment agreement (Evidence A 3) with the Defendant to receive an investment of KRW 80 million in the apartment construction project located in the Jeonju-si and to receive an investment of KRW 80 million in addition to the profit therefrom. The Plaintiff was notarized on November 17, 2011. The Plaintiff shall invest KRW 80 million in the Defendant until November 15, 201. The Defendant shall pay to the Plaintiff the principal and the investment proceeds ( KRW 90 million in relation to 10 million) by September 15, 2012, subject to the return of investment. If the Defendant is unable to pay the principal and the investment proceeds by September 15, 2012, the amount shall be increased to KRW 9 million per month based on the amount invested, and if the principal and the investment proceeds cannot be paid by the Defendant, the amount shall be reduced to KRW 100 million per month on the basis of the amount invested, the amount shall be reduced to KRW 150 million per month on the date of early redemption of the principal and KRW 100 million per month.

(2) In accordance with the agreement, the Plaintiff transferred the total amount of KRW 60 million to the Defendant by November 25, 201, and KRW 80 million by November 25, 201, by remitting the total amount of KRW 20 million to the Defendant on November 15, 201, and KRW 20 million by November 25, 201, pursuant to the agreement, the Plaintiff paid the total amount of KRW 60 million to the Defendant by November 25, 201.

B. On April 9, 2012, the Plaintiff loaned KRW 20 million to the Defendant with interest of KRW 80,000,000 and due date on May 12, 2012.

C. On May 14, 2012, the Plaintiff loaned the loan amounting to KRW 10 million to the Defendant with interest of KRW 800,000,000 and due date on July 12, 2012.

[Reasons for Recognition] Evidence A Nos. 1 through 6

2. Determination

A. According to the facts prior to the determination on the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 110 million (the above KRW 20 million KRW 10 million) and delay damages, barring any special circumstances.

B. On the part of the defendant's argument, the above determination is made.

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