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(영문) 부산지방법원 2020.02.04 2019가단330085
대여금
Text

1. The defendant shall pay to the plaintiff KRW 35,290,000 and KRW 33,400,00 among them, from August 14, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 30, 2018, the Defendant agreed that KRW 33,400,000 borrowed from the Plaintiff shall be repaid until December 31, 2018, and the interest shall be paid in 200,000 each month.

B. The Defendant paid the Plaintiff KRW 170,00,00,000 on August 23, 2018, and KRW 170,00 on September 17, 2018, and KRW 170,00 on October 15, 2018, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the interest and delay damages on the borrowed amount of KRW 33,400,00,000 (= interest on the borrowed principal of KRW 33,400,000 from August 25, 2018 to October 25, 2018: interest rate of KRW 90,000 (= interest rate of KRW 200,000 which shall be paid monthly 25,000 x three months - interest rate of KRW 510,000 – interest paid by the Defendant) from October 26, 2018 to July 25, 2019; and thus, the Defendant is obligated to pay the Plaintiff the interest or delay damages on KRW 1,80,00,000 for nine months from July 25, 209; and the Defendant is obligated to pay the principal and delay damages at the rate of KRW 30,009,300.

B. The Defendant asserts that, upon the Plaintiff’s request, since the Defendant transferred 40,800 shares of the Defendant Company to the Plaintiff instead of paying the above loan amount, the Plaintiff’s claim for the loan was extinguished.

However, it is insufficient to acknowledge the fact that the Defendant transferred 40,800 shares of the Defendant Company to the Plaintiff in lieu of the payment of the above loan. Since there is no other evidence to acknowledge this, the Defendant’s assertion cannot be accepted.

3. Conclusion, the plaintiff's claim is justified.

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