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(영문) 인천지방법원부천지원 2016.05.17 2016가단102933

대여금

Text

1. As to the Intervenor’s Intervenor’s Intervenor’s KRW 23,376,804 and KRW 22,839,025 among them, the Defendant shall start from November 11, 2015.

Reasons

1. Judgment on the part of the claim by the plaintiff succeeding intervenor

A. On May 22, 2014, the Plaintiff entered into a loan transaction agreement with the Defendant (hereinafter “Defendant”) with a loan amount of KRW 38,00,00,000 per annum 10.9% per annum (annual interest rate of KRW 25% per annum) and a mid-term loan transaction agreement with a period of 36 months (hereinafter “the Plaintiff’s claim against the Defendant arising under the said loan transaction agreement”), and the Defendant’s obligation to repay the loan under the said loan transaction agreement was lost interest as of November 10, 2015, and the Defendant’s obligation to pay the loan amount of KRW 22,839,025, interest rate of KRW 521,069, interest rate of KRW 1060 per annum 25% per annum), and the Plaintiff’s obligation to transfer the loan amount to the Intervenor on June 26, 2016.

Therefore, according to the above facts, the Defendant is obligated to pay the Plaintiff’s Intervenor’s Intervenor 23,376,804 won (i.e., the principal amount of KRW 22,839,025 (i.e., KRW 521,069) and damages for delay at the rate of 25% per annum from November 11, 2015 to the date of full payment of the principal amount of KRW 22,839,025).

B. The Defendant asserts that the instant claim by the Plaintiff’s succeeding intervenor is unjustifiable, since the above loan transaction agreement, which the Plaintiff and the Plaintiff’s succeeding intervenor asserted, was concluded at will without legitimate authority by C, which is the former representative director, and is not related to D, as it is currently related to D.

However, the plaintiff succeeding intervenor's claim of this case was not a claim against D individual, but a claim against the defendant corporation, and the above senior loan was submitted to this court and investigated.