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(영문) 대전지방법원 2020.05.27 2019가합106105

대여금

Text

1. As to KRW 66,528,050 and KRW 48,000,00 among the Plaintiff, Defendant B Co., Ltd., from December 28, 2017 to May 2019.

Reasons

1. Basic facts

A. Status 1 of the parties to the dispute was dissolved after the organizational change into EM on September 3, 2015.

hereinafter referred to as “D”

(2) Defendant B is a company that engages in chartered passenger and automobile transport business. The Plaintiff was the representative director of D and separately operates an automobile parts sales and maintenance business with the trade name of “F”. Defendant B is a company that engages in chartered bus business, etc., and Defendant C is the representative director of Defendant B.

B. The drawing up of the loan certificate of this case and the letter of repayment

1. On December 21, 2010, the borrower and the respondent (referring to the defendant) borrowed 40,000,000 won from the D representative director A (referring to the plaintiff).

2. Until May 30, 201, the borrower, and the D representative director A promised not to receive interest on the loan when the borrower and the D representative director repays the above 40,000,000 won.

3. Provided, That in the event that the borrower and the borrower fail to repay the above 40,000,000 won to the D representative director by May 30, 201, the above borrower and the borrower shall promise to pay 30% (30% per annum of the principal interest on the above 40,000,000 won to the D representative director from December 21, 201 to the time the above 40,000 won is repaid.

On December 30, 2010, the Defendants prepared and delivered a loan certificate (hereinafter “instant loan certificate”) with the following content to the Plaintiff.

C. On November 28, 2013, Defendant B entered into a lease agreement with the Plaintiff on the lease deposit amounting to KRW 20,000,000, KRW 2,000,000 (Additional tax: Provided, That the lease agreement was concluded between November 28, 2013 and November 27, 2015 (hereinafter “instant lease agreement”); and the term of the instant lease agreement extended from November 28, 2015 to November 27, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3 respectively.