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(영문) 인천지방법원 2015.08.18 2014가합14418

대여금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 115,00,000 and Defendant B from April 16, 2013 to November 26, 2014.

Reasons

1. Basic facts

A. On November 2, 2009, the Defendants issued the following certificates of borrowing (hereinafter “the instant certificate of borrowing”) to the Plaintiff, and on the same day, Defendant C prepared and sent the letter of consent as follows:

on August 2, 2007, the amount above KRW 150,000,000 per day of the loan certificate (150,000,000) borrowed on a monthly interest and one copy on August 2, 2007. The repayment date of the above amount is KRW 5 million on December 5, 2009, KRW 10,000,000 on a repayment date, and the balance is paid in full by March 31, 2010, and each written consent is agreed to be paid in full by March 31, 20, KRW 135,00,000 (135,00,000) on a repayment date of the borrowed amount, and is a joint-use of the borrowed amount for KRW 150,00,000,000,000,000 on a loan certificate, without any objection

B. On April 15, 2013, Defendant B drafted and implemented the following agreements with the Plaintiff.

Party B of the Agreement shall pay 6.4 million won to the loan-related KRW 8.4 million until May 10, 2010, and from June 2013, part of the principal for the daily twenty-one hundred million Won shall be repaid in installments, and the interest shall be repaid as at the end of each month on the last day of every month.(The basis for recognition) / [the basis for recognition] / 700,000 won for the loan-related KRW 1,2, and 4, and the purport of the entire pleadings as a whole.

2. The parties' assertion and judgment

A. The plaintiff's assertion that the plaintiff extended a total of KRW 150 million to the defendants and received the loan certificate of this case. Since the plaintiff did not receive KRW 1150 million, the defendants jointly and severally are liable to pay the above KRW 150 million to the plaintiff and the damages for delay thereof. Accordingly, the defendants were paid KRW 150 million from the plaintiff, but they were paid KRW 150 million from the plaintiff, but they are investment funds, and the amount was already paid to the plaintiff with KRW 138 million, and thus there was no money to be paid to the plaintiff.

(b) The court shall, insofar as the determination of the cause of the claim is recognized to be authentic in its formation.