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(영문) 서울중앙지방법원 2019.10.30 2019가단5034698

대여금

Text

1. The Defendant’s KRW 200,000,000 as well as 15% per annum from January 17, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Loans 1) A Co., Ltd. (hereinafter “E”) with respect to Defendant D Co., Ltd.

(1) On August 1, 2016, with respect to the establishment and implementation of G by the owners, etc. of land and buildings in the market, etc. located in the Seoul Northern-gu Seoul Northern-gu, the Defendant is a member of the said G association. Since H is in the position of a member of the said G association, and H has the status and authority to implement the project by concluding the said G association’s PM service agreement with the said G association, the joint agreement with the Defendant and H (hereinafter “instant joint agreement”).

(2) On July 25, 2016, E entered into an investment agreement with the Plaintiff, a representative director, and received KRW 5 billion from I to the Defendant, under the instant joint project agreement. < Amended by Presidential Decree No. 20379, Jul. 25, 2016; Presidential Decree No. 20358, Feb. 23, 2016; Presidential Decree No. 20358, Feb. 29, 2016;

3) D Co., Ltd. (hereinafter “D”).

(1) On November 30, 2017, a loan agreement between the Defendant and the Defendant provides that interest shall not be paid for KRW 6.15 million out of the loan from November 30, 2017 to November 30, 2018; and that a loan agreement provides that interest shall be paid for KRW 1.15 million out of the loan; and that a loan agreement provides that interest shall be paid at an annual interest rate of KRW 24% for KRW 5 billion (hereinafter “instant loan agreement”).

(B) On April 9, 2018, D entered into an agreement with the Plaintiff on the assignment of claims with respect to the loan obligations of KRW 5 billion (including KRW 1.15 billion, which was not paid as of November 30, 2017) to E, in lieu of the payment of the loan by accord and satisfaction of D. (2) D on April 9, 2018, with respect to the loan obligations of KRW 5 billion (including interest KRW 1.15 billion, which was not paid as of November 30, 2017).

2. D Co., Ltd.: on September 17, 2019, the assignment of claims to the Defendant.