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(영문) 울산지방법원 2014.05.01 2012가합9320

대여금

Text

1. The Defendant’s annual interest in KRW 56,504,956 to the Intervenor succeeding to the Plaintiff as well as in relation thereto from December 8, 2012 to May 1, 2014.

Reasons

1. Basic facts

A. On August 4, 2004, the Plaintiff (hereinafter “Plaintiff”) transferred KRW 33 million to the Defendant on August 4, 2004

(attached Form 1). (b) The details of loans.

On December 28, 2004, the Defendant borrowed (attached Form 2) KRW 100 million from the Plaintiff on January 30, 2005 and on January 30, 2005 and on January 30, 2005, and repaid the loan in full from January 25, 2005 to September 14, 2006.

C. On December 28, 2004, the Defendant borrowed 8 million won from the Plaintiff on January 30, 2005 and 3% per month of interest.

(attached Form 3). (d) The details of loans.

From May 4, 2005 to June 27, 2006, the Plaintiff lent each of the amounts stated in attached Forms 4 to 6, 8 to 11, 13 to 17, 20 and 21 to the Defendant.

E. On April 28, 2006, the Plaintiff transferred KRW 20 million to the Defendant-type D, as indicated in attached Table 18 and 19.

F. On July 19, 2006, the Defendant borrowed KRW 50 million from the Plaintiff until July 19, 2006 and the due date for repayment is August 20, 2006.

Funds borrowed in 2004 shall be separately borrowed.

“A.” No. 2-3 and No. 22) and each written and delivered a loan certificate stating that “a loan shall be borrowed with a maturity of 20 million won on August 10, 2006” (No. 2-4 and attached loan details No. 23), respectively.

G. On July 19, 2006, the Plaintiff lent KRW 3.130,00 to the Defendant.

(attached Form 24). (h) The details of loans.

From December 2, 2006 to January 22, 2010, the Plaintiff lent each of the amounts stated in attached Table 26, 29, 30, 32 through 39, 42 through 72 to the Defendant.

I. From January 25, 2005 to May 20, 2010, the Defendant paid to the Plaintiff a sum of KRW 428 million, as indicated in the separate sheet, as the Plaintiff’s repayment statement, as the loan debt repayment statement against the Plaintiff.

(j) On or around December 10, 2012, the Plaintiff calculated and transferred the remaining loan claims against the Defendant to the Intervenor succeeding to the Plaintiff (hereinafter “Successor”) at KRW 216,211,846, and then transferred the remaining loan claims to the Defendant. < Amended by Act No. 11535, Dec. 11, 2012>