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(영문) 의정부지방법원 2016.06.03 2015가단116100
대여금
Text

1. The defendant shall pay 100,000,000 won to the plaintiff and 25% per annum from March 31, 2009 to the day of complete payment.

Reasons

1. On January 12, 2009, the Plaintiff made an agreement between the Defendant and the Defendant to invest KRW 100 million in the Korea Forest Service Forest Conservation Project in the form of a loan to the Defendant, and that the Defendant shall pay the said money to the Plaintiff until May 15, 2009, but shall pay interest calculated at the rate of 5% per month from the end of March 2009 to the maturity date (hereinafter “instant agreement”) and then remitted KRW 50 million to C account known to the Defendant on the same day, and paid KRW 50 million directly to the Defendant in cash, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings as set forth in subparagraphs 1 through 3.

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff a loan of KRW 100 million and damages for delay at the rate of 25% per annum for the plaintiff within the scope of the agreed interest rate from March 31, 2009 to the date of full payment.

B. On June 2009, after the agreement of this case, the Defendant asserted that the Plaintiff’s claim is unjustifiable, since the Plaintiff and D, a representative of the Defendant, agree to blank the agreement of this case, and that the Plaintiff was assigned the Defendant’s right to air pest control and other businesses on behalf of the Defendant.

In full view of the statements in Gap evidence No. 7 and witness Eul's testimony, as the plaintiff and other creditors did not receive a loan from the defendant, they filed a criminal complaint against the defendant, and as the defendant escaped from abroad, in relation to the plaintiff's loan of KRW 100 million, around June 2009, between the plaintiff, his father, D and the defendant's partner, Eul shall be entitled to transfer 20% of the defendant's forest pest control project share by the end of August 2009, and if not, Eul shall be jointly and severally liable for the defendant's debt under the agreement of this case.

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