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(영문) 서울북부지방법원 2016.07.13 2015가단127879

약정금

Text

1. The Defendant’s KRW 86,813,698 as well as the Plaintiff’s annual rate from April 3, 2015 to July 22, 2015, and July 23, 2015.

Reasons

Facts of recognition

On September 2014, the defendant requested a discount rate of KRW 30 million and KRW 50 million for issuance of D issuance from C, and requested a discount to the plaintiff through the defendant's employee E.

On September 25, 2014, the Plaintiff received a discount of KRW 30 million from the Defendant, and remitted the discounted amount of KRW 24 million to the Defendant’s account.

The Plaintiff requested F to transfer the discounted amount of KRW 45 million to the Defendant’s account on September 30, 2014, when the Plaintiff lack of the discounted amount of KRW 50 million at par value, and received the said discounted amount of KRW 45 million from the Defendant.

On December 1, 2014, the Plaintiff presented two copies of the above per unit number, but the face value per unit amount of KRW 50 million was insufficient, and the face value per unit of KRW 30 million was refused to pay due to alteration or alteration.

On December 12, 2014, the Defendant drafted to the Plaintiff a certificate of borrowing that the Plaintiff would fix the amount of KRW 90,000,000,000,000, plus KRW 10,000,000,000, in total of face value 80,000,000 per share per share, as a loan, by January 26, 2015.

On April 2, 2015, the Defendant remitted KRW 4 million to the Plaintiff’s account.

【In full view of the facts alleged in the grounds for recognition, Gap evidence Nos. 1 through 3 (including branch numbers), and all of the arguments, the defendant is obligated to pay to the plaintiff interest of KRW 90,000,000 and interest calculated at the rate of 5% per annum prescribed in the Civil Act from January 27, 2015, the following day following the date the plaintiff seeks reimbursement. 4,000,000 paid on April 27, 2015 to April 2, 2015, the interest of KRW 813,698 (90,000,000 x 6/36/350 x 00 x 050 x 6/3600 x 0805 x 2808 x 36,080 x 16,008 x 36,008 x 16,081).

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