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(영문) 서울남부지방법원 2015.09.17 2015가합2998
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On April 9, 2014, the Plaintiff agreed to prepare a letter of understanding on investment proposal with Defendant B Co., Ltd. (hereinafter referred to as “B”) (hereinafter referred to as “instant letter of understanding”).

Of the above MOU, the main contents relating to the instant case are as follows.

(hereinafter referred to as “A” and “B” refer to Defendant B, Article 2 (Investment Amount) “A” and “B” are to use at least one year, the amount of which is to be invested to Party B, as KRW 2 billion.

Provided, That the amount of investment may be increased or decreased after consultation with A and B.

Article 3 (Investment Return) A shall ensure that the rate of return on the amount invested by B is 20% per annum.

Article 8 (Term of Validity of this Understanding) The term of validity of this Understanding shall be until April 25, 2014, and shall be terminated upon consultation with A and B when it is deemed that the investment fund is not necessary even during the term of validity of the memorandum of Understanding.

Defendant C decided to make a direct investment of KRW 200 million out of the amount invested under the instant memorandum of Understanding, in a way that Defendant C redeems the money borrowed from Nonparty D, which is the seat of Defendant C, to the Plaintiff.

Accordingly, the Plaintiff borrowed KRW 200 million from D on April 18, 2014, and determined the due date until May 30, 2014, the interest rate is 10% per annum, and the delay damages rate is 18% per annum.

The Plaintiff used KRW 200 million as the company’s operating fund.

On the same day, Defendant C prepared and awarded to the Plaintiff a “certificate of repayment of rent” with the following contents:

It is confirmed that, on April 9, 2014, the amount of the loan borrowed by the Bank of Bankruptcy to D as a security for the authentication of a monetary loan for consumption (Won 200,000,000) is based on Article 2 (Investment Amount) of the Statement of Understanding of Investment Proposal entered into between E representative director and the actual representative director of the Bank of Bankruptcy and the Bank of Partnership Co., Ltd. and, on April 9, 2014, the amount of the loan to be repaid by C in some amount of the total investment amount of KRW 2,00,000 (Won 2,00,000,000) which the Co., Ltd. of the Bank of Bankruptcy decides to make an investment.

Defendant B on August 28, 2014

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