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(영문) 서울중앙지방법원 2019.01.11 2018가단5002595
대여금
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 50,000,000 and the interest thereon from June 20, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiffs’ claim (1) is the representative operating the Plaintiff Company B (hereinafter “Plaintiff Company”) and Defendant D is the representative operating the Defendant Company C (hereinafter “Defendant Company”) and operates the Defendant Company E.

(2) On September 12, 2014, Plaintiff A provided loans to Defendant Company, KRW 50 million (hereinafter “first loan”) and KRW 40 million on September 30, 2014 (hereinafter “second loan”) at the rate of 2% per month of each interest.

(3) Around 2014, the Plaintiff Company had the design and production of summary books at Defendant D (E)’s request and had the service payment claim amounting to KRW 48,684,508 and the fine for negligence claim amounting to KRW 600,000 in relation to the report of revised tax payments (hereinafter “service payment claim”).

(4) On September 1, 2014, Plaintiff A subleted the Officetel G of the Seoul Jung-gu Seoul Central District Office to Defendant D, and Defendant D did not pay rent, etc., the Plaintiff incurred losses incurred to the lessor from the reduction of KRW 3,441,00 of the deposit amount (hereinafter “liability for damages”).

B. The Defendants’ repayment (1) Defendant Company paid 2/10 of interest for each of the two-month loans to the first and second loans.

(2) On June 22, 2015, Defendant Company paid KRW 40 million, KRW 10 million, KRW 6 million on June 7, 2016, KRW 5 million on June 12, 2016, KRW 5 million on June 12, 2016, and KRW 2 million on October 2, 2017.

(3) Defendant D paid the service cost of KRW 1.5 million on June 2, 2014, KRW 5 million on October 30, 2014, KRW 1.0 million on July 7, 2015, KRW 1,818,182 on August 8, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Both claims;

A. Where the Defendants paid the amount to be paid by the Plaintiffs, the Defendant Company entered into an agreement with the Plaintiff at the rate of 24% per annum from November 13, 2014 to the date of full payment (6 months from December 13, 2014 to June 22, 2015) with respect to KRW 4,80,000 for the primary loan principal and the interest on the secondary loan principal (6 months from December 1, 2014 to June 22, 2015) and the primary loan principal.

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