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(영문) 청주지방법원 2017.09.29 2016가단11004

대여금

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1. Defendant C’s KRW 40,000,000 and its amount are 7.5% per annum from June 18, 2009 to June 24, 2016.

Reasons

1. Facts of recognition;

A. The relationship between the parties is 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).

The purpose of manufacturing and selling bricks, etc. is the company established for the purpose of manufacturing and selling business. Defendant C is one shareholder and representative director of Defendant B. (2) The Plaintiff began with Defendant C from August 2004 to September 24, 2009, and was living together with Defendant C from May 2005 to September 24, 2009

B. The Plaintiff’s monetary loan to Defendant B provided money with the terms and conditions loan from Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) and then lent KRW 32,910,000 (hereinafter “the loan of this case”) to Defendant B by paying KRW 4,930,000 on October 15, 2007, KRW 64,930,000 on November 6, 2007, and KRW 5,000,000 on November 24, 2007, and KRW 10,000 on December 5, 2007.

C. The Plaintiff’s loan 1) The Plaintiff’s loan to Defendant C is a cereal agricultural cooperative on September 13, 2006 (hereinafter “Culreal agricultural cooperative”).

2) On September 14, 2006, the Defendant C loaned KRW 40 million to Defendant C with the loans of KRW 40 million (hereinafter “personal loan”).

At the time of lending. Defendant C agreed to pay interest to the Plaintiff as interest, and pay the instant personal loan within three years. (2) The interest rate and overdue interest rate determined by the Seongdong Agricultural Cooperatives from June 17, 2009 to September 14, 2009 were 7.6% per annum and 16.3% per annum from the following day to March 10, 201, and 7.3% per annum from the next day to September 12, 201, and 7.9% per annum and 13.9% per annum from the next day to September 12, 2014, and 7.8% per annum and 13.9% per annum from the next day to September 3, 2015, and 16.2% per annum and 16.9% per annum until September 29, 2015.

3) Defendant C paid only interest to the Plaintiff by June 17, 2009. [Grounds for recognition] The fact that there is no dispute, and each entry in Gap’s evidence Nos. 1 through 4 (including serial numbers).