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(영문) 서울중앙지방법원 2015.11.18 2014가합592481

대여금

Text

1. The plaintiff

A. Defendant A’s KRW 50,000,000 and its annual rate is 6% from May 1, 2009 to May 2, 2015.

Reasons

1. Indication of claim;

A. (1) On March 23, 2006, the Plaintiff lent KRW 70 million to Defendant A. Defendant A on several occasions. Defendant A drafted a letter of payment that “I will repay by April 30, 2009.” However, Defendant A paid only KRW 20 million thereafter. (2) Accordingly, Defendant A claimed the payment of the balance of the loan and the delayed payment damages incurred from the following day after the due date ( May 1, 2009).

B. Defendant B and C agreed to pay to the Plaintiff the agreed amount of KRW 50 million upon request of the Defendant A (the representative director of Defendant B), upon which Defendant B and C agreed to pay the Plaintiff the agreed amount of KRW 50 million. As such, as security, a promissory note (the issuer: Defendant B and C, the date of issue, the date of payment: December 14, 201; and the payee: E: March 20, 201) is delivered to the Plaintiff and currently owned by the Plaintiff. 2) As the payment date of the said promissory note has expired, Defendant B and C, a joint issuer of the said promissory note, are jointly obligated to pay the Plaintiff the agreed amount of KRW 50 million and damages for delay claimed by the Plaintiff.

C. The Plaintiff lent KRW 100 million to Defendant Taedung Construction Co., Ltd. (formerly amended: Cheongdju Construction Co., Ltd.) and Defendant D. The said Defendants, as collateral for loans, delivered promissory notes with a face value of KRW 100 million at KRW 100 million to the Plaintiff (the issuer of Cheongdju Construction Co., Ltd., Defendant D, date of issuance: December 13, 201; January 10, 2012; Plaintiff: the due date of payment of the said promissory notes) to the Plaintiff. (2) As the payment date of the said promissory notes has expired, Defendant Taedung Construction Co., Ltd., a joint issuer of the said promissorysory notes, and D, a joint issuer of the said promissory notes, are obligated to pay KRW 100 million and damages for delay sought by the Plaintiff to the Plaintiff.

2. The part of the claim against the defendant A, B, and C by public notice.