logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2016.10.14 2015가단6351
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from April 4, 2015 to the date of full payment.

Reasons

1. Comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings as to the cause of the claim, the Plaintiff is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the day on which the original copy of the instant payment order was served to the Plaintiff, since it is recognized that the Plaintiff lent KRW 45,00,000 to the Defendant on October 28, 2014, with the due date specified on February 28, 2015.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Defendant’s “mechanic parking lot” (hereinafter “instant machine”).

) As a patentee, C Co., Ltd. (hereinafter “instant Company”) the Plaintiff is the actual owner to sell the said machinery to Indonesia.

(2) In the process, the Plaintiff entered into a trade agreement with the exclusive licensee and delivered to the Plaintiff the instant machinery equivalent to KRW 350,000,000 at the market price. (2) During the process, the Plaintiff provided KRW 45,00,000 to the Defendant on the pretext of some of the instant machinery costs or project costs or investments under the said contract.

3. Therefore, the defendant is not liable to pay the above money to the plaintiff, and the plaintiff must pay the remainder of the machinery cost or the settlement money following the reversal of the above contract.

B. According to the records of evidence Nos. 1 and 2, even though the Defendant concluded a partnership agreement on the sale of the instant machinery and a patent exclusive use agreement with the instant company on October 6, 2014, it is not sufficient to recognize that the said recognition alone is a substantial master of the instant company, or that the Plaintiff provided the said money to the Defendant on the pretext of business costs or investments in part of the instant machinery prices or in accordance with the partnership agreement, and there is no other evidence to acknowledge otherwise.

arrow