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(영문) 대구지방법원 2018.10.04 2018가합279
대여금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 24% per annum from December 1, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are those who have been engaged in the fire construction business, and are in a mutual relationship with each other.

B. The Plaintiff remitted to the Defendant KRW 10 million on December 26, 2014, KRW 200 million on December 29, 2014, and KRW 300 million on December 29, 2014.

C. From March 23, 2015 to November 25, 2017, the Defendant remitted to the Plaintiff KRW 6 million each month.

On December 28, 2017, the Plaintiff sent to the Defendant a certificate of content that the repayment of the loan was demanded by January 5, 2018, and the said certificate reached the Defendant on December 29, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff agreed to lend KRW 300 million to the Defendant (hereinafter “the instant loan”) at the Defendant’s request that the Plaintiff lend the business funds to the Defendant, but the period of repayment shall be one year after the Plaintiff requested reimbursement. The Plaintiff agreed to pay interest at interest rate when the repayment is made within two months after the loan, and 2% interest per month when the payment is not made within two months after the loan.

Accordingly, the Plaintiff lent KRW 300 million to the Defendant around December 2014, and thereafter, according to the Plaintiff’s circumstances, some of the above loans have been repaid from the Defendant at the end of the year, and the total amount of the first loan in 2017 has been KRW 300 million repeatedly lent to the Defendant at the beginning of the year.

Therefore, the defendant is obligated to pay to the plaintiff KRW 300 million and interest or delay damages on the borrowed money.

B. The Defendant introduced a loan of KRW 300 million for the operation of the gas station from the deceased C (hereinafter “the deceased”) who operated the gas station as well as a high-speed ship, and delivered it to the Plaintiff upon request by the Plaintiff. The Plaintiff provided a loan to the deceased, and the Defendant only delivered money on behalf of the deceased and the deceased.

However, the Deceased.

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