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(영문) 창원지방법원밀양지원 2016.01.15 2015가합235
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 500,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 26, 2013 to May 22, 2015.

Reasons

1. Determination on the main claim

A. A. A judgment on the cause of the claim on April 26, 2013: (a) the Defendant: (a) borrowed KRW 1 billion from the Plaintiff on June 30, 2012, but recognized that the Plaintiff did not repay the remainder of KRW 500 million until then; and (b) agreed to pay KRW 500 million as follows; (c) until April 25, 2015; (d) monthly payment of interest KRW 6 million (it is possible to claim the entire amount immediately before the due date if interest is overdue) (hereinafter “the loan certificate of this case”) was made and delivered; (b) there is no dispute between the parties to the loan; or (c) the obligation to pay the Plaintiff KRW 50 million at the rate of KRW 50 million per annum from the date on which the Plaintiff seeks interest payment on the above KRW 100 million and KRW 500 million per annum until the date on which the agreement was made (i.e., June 26, 2013).

B. The Defendant’s argument regarding the Defendant’s assertion (1) is that the Defendant provided financing of KRW 1 billion from the Plaintiff who is engaged in the warehouse business for the increase in the number of maths. On April 2013, the dispute arises between C and the Plaintiff, and the Defendant regarding the issue of the increase in the number of maths and the increase in the number of maths purchased under the name of a farming corporation (hereinafter “C”), and in the process of resolving the dispute, the Defendant recognized that a part of the number of maths in the Plaintiff’s warehouse was owned by C, and agreed to prepare and provide the instant loan certificate by paying a certain amount to the Plaintiff.

However, since C has cancelled the above agreement, it is now.

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