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(영문) 전주지방법원군산지원 2015.03.03 2014가단11845
대여금
Text

1. The defendant shall pay to the plaintiff KRW 379,916,177 and the amount of KRW 367,00,000 among these amounts, from September 25, 2014 to the date of full payment.

Reasons

1. According to Gap evidence Nos. 1 through 6, the plaintiff entered into a loan transaction agreement with the defendant as to September 29, 2010 and KRW 180,00,000 on April 27, 2012 with each loan amount. As of September 24, 2014, the defendant's total debt amount against the plaintiff as of September 24, 2014 is KRW 379,916,17 (i.e., the loan principal amount of KRW 198,00,000 as of September 29, 2010 (i.e., the loan principal of KRW 7,133,420 won as of September 29, 2010 and the rate of KRW 169,00,000 as of April 27, 200,000 as of April 27, 2012).

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 17% per annum from September 25, 2014 to the date of full payment, with respect to the principal amount of KRW 367,00,000 (=198,000,000) and the principal amount of KRW 169,000,000,000, which is the following day of the above base date.

2. On the judgment of the defendant's assertion, since the defendant merely formally stated the defendant in the loan contract as the principal debtor under the plaintiff's understanding in order to avoid restriction on the amount of loan limit to the same person when he received a loan from the plaintiff, the defendant's substance of the loan transaction agreement is invalid. However, since there is no evidence to acknowledge this, this part of the defendant's assertion is without merit.

In addition, the defendant asserts that the plaintiff should first dispose of two golf membership of the Mana Tourism Development Co., Ltd. which the plaintiff received as security and appropriate it for the repayment of the above loan. However, this circumstance alone does not allow the defendant to refuse to pay the above principal and interest of loan to the plaintiff. Therefore, this part of the defendant's assertion

3. If so, the plaintiff's claim is justified.

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