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(영문) 서울동부지방법원 2016.04.08 2015나26278
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant agreed on September 5, 2009 as follows:

(1) The Plaintiff shall lend KRW 150,000,000 to the Defendant on September 5, 2009, and the remainder of KRW 50,000,000 among them shall be leased on May 30, 2010. The Defendant shall import an abundancer, a primary and secondary loan payment, and pay a certain amount of money according to the monthly revenue volume to the Plaintiff as income. The Defendant shall pay a certain amount of money according to the monthly revenue amount to the Plaintiff. The Defendant shall pay the first and the second loan payment at the same time as the first loan payment is made. 2) The agreement becomes effective from the time when the Plaintiff paid the first loan to the Defendant.

3) The period of the agreement is until September 4, 2014, and the Defendant repaid the loan to the Plaintiff on the expiration date of the agreement period. B. Around September 5, 2009, the Plaintiff lent KRW 100,000 to the Defendant pursuant to the instant agreement. C. On December 31, 2009, the Defendant paid KRW 5,341,000 for the first time to the Plaintiff, and the Defendant did not import the inner eyebrow nutrition or pay the profit. Upon the Plaintiff’s claim, the Defendant paid KRW 70,000 each month for interest on KRW 10,000,000 for the first loan until the payment of the profit. From June 29, 2011 to June 14, 2011, the Plaintiff did not provide the Plaintiff with the payment of the entire interest number of KRW 10,000 for KRW 15,00 for the first loan to the Plaintiff.

2. Assertion and determination

A. According to the facts of recognition of the Defendant’s obligation to pay the Defendant’s monetary amount, the Defendant did not comply with the instant agreement despite the obligation to import the eyebrow and pay the Plaintiff profits.

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