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(영문) 서울남부지방법원 2014.07.04 2012가합69

대여금

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be KRW 1,362,592,237 and the period from November 1, 2009 to July 4, 2014.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant Company B (hereinafter “Defendant Company”) lent not less than one billion won to the Defendant Company over several occasions from May 2007 to October 2009. 2) In order to adjust the obligation and obligation of the Plaintiff, the Defendant Company prepared and provided the Plaintiff with each of the following borrowings over five occasions.

(2) On March 31, 2008, the amount of the loan issued as of October 31, 2009 (hereinafter “the loan certificate of this case”) as of March 31, 2008: (a) the amount of the loan borrowed as of March 31, 2008: (b) the amount of the above loan borrowed as of December 19, 2008; and (c) the amount of the loan borrowed as of May 31, 2008: (a) the representative C of the Defendant Company promised to pay the above amount ( principal and interest) to the Plaintiff by December 31, 2008. If the above amount is not paid by the date of the promise, the representative C of the Defendant Company promised to pay the interest amount of KRW 3,00,000 to the Plaintiff by December 31, 2008.

The amount of loan borrowed on March 18, 2009: 1,440,000 won

1.The above amounts shall be the amounts, including principal and interest, and shall be borrowed in full, and interest shall be payable from March to three copies per month.

2. The loan certificate drawn up before March 17, 2009 shall be substituted by the loan certificate, and all the loan certificate drawn up before March 17, 2009 shall be null and void.

The amount of loan borrowed on October 31, 2009 (the instant certificate of loan): 1,974,000,000 won

1. To borrow the above amount from the Plaintiff and to pay it immediately upon making a deposit in the Hanyang-gu Agreement.

2. According to the “specification of loan and calculation of interest” attached to the loan certificate issued by the Defendant Company prior to October 31, 2009 upon the drawing up of this loan certificate, the following documents are deemed null and void: (a) according to the “specification of loan and calculation of interest” attached by the Defendant Company to the loan certificate of this case, Defendant C, the representative of the Defendant Company or the Defendant Company, from May 2007 to October 2009, stated that the outstanding principal amount out of the loan borrowed from the Plaintiff is KRW 942,400,000,000,000,000,000,000 won; and (b) the interest thereon is indicated as the total of KRW 1