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(영문) 창원지방법원 2017.01.06 2016가단105339
대여금
Text

1. The Defendant shall pay 31,624,838 won to the Plaintiff and 25% per annum from November 21, 2014 to the date of full payment.

Reasons

1. The parties' assertion

A. On June 23, 2012, the gist of the Plaintiff’s assertion: (a) the Defendant opened a household store “E” (hereinafter “E”) in the part of 1/2 of the Dogggwon-si, Seongbuk-gu, Sungwon-si’s Sung-si’s Sung-si (hereinafter “the instant household store”); and (b) promised to pay KRW 3,00,000 per month interest if it loans KRW 100 million with deposit, premium, personality expenses, and household purchase expenses.

The Plaintiff lent KRW 100 million to the Defendant pursuant to the foregoing agreement. However, the Defendant did not refund the remainder of the interest paid up to March 2014, while paying the remainder of the interest and the principal paid up to March 2014.

Therefore, the defendant is obliged to pay the plaintiff the remainder of 31,624,838 won, which is appropriated for the interest and principal under the Interest Limitation Act.

B. The gist of the Defendant’s assertion and the Defendant agreed to operate the instant furniture jointly in such a way that the Plaintiff invested KRW 100 million and the Defendant is in charge of the actual sales and accounting of the instant household.

At the time of the partnership agreement, the Plaintiff agreed to guarantee the principal amount of KRW 100 million, but the Defendant paid to the Plaintiff the amount of KRW 60 million per month and the remaining business settlement amount of KRW 70,00,000 per month, each of which was paid to the Plaintiff, and paid at least KRW 100,000,000 per month. Since the company organized the partnership and paid all of the settlement amounts, there is no money to be paid to the Plaintiff.

2. Determination

A. On June 23, 2012, the Plaintiff and the Defendant agreed to the instant household store as follows (hereinafter “instant agreement”); on May 30, 2012, the Plaintiff paid KRW 100 million to the Defendant, including KRW 25,000,000, and KRW 20,000 on June 7, 2012, and KRW 55,000,000,000 on June 15, 2012.

(1) The Defendant’s assurance of the initial funds of 100 million won is the instant household store.

(ii).

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