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(영문) 수원지방법원 2016.06.14 2016가단3054

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 477,377,049 and KRW 200,000 among them, from March 21, 2015 to September 2015.

Reasons

1. Facts of recognition;

A. On July 1, 2005, the Plaintiff lent 200 million won to the Defendants without fixing the due date, and the Seoul Southern District Court filed an application for a payment order with the Seoul Southern District Court 2005 tea18933, and on September 26, 2005, the Seoul Southern District Court issued a payment order stating that “the Defendant jointly and severally issued to the Plaintiff 200 million won and jointly pays 20% interest per annum from the day following the delivery date of the original copy of the payment order to the day of full payment (hereinafter “the instant payment order”). The above payment order was served on October 12, 2005 and became final and conclusive on October 27, 2005.

B. The plaintiff is the above A.

To secure the loan stated in the port, the Defendants exercised the right to collateral security on March 20, 2015 and received dividends of KRW 100,000,000 on March 20, 2015.

Grounds for Recognition: Each entry in Gap evidence 1, 2, and 3, and the purport of the whole pleadings

2. The Defendants asserted that their wife and South Korea invested money from the Plaintiff, the mother of Defendant C, and invested in real estate, and that they were forced and threatened by the Plaintiff on July 1, 2005, and the Defendants agreed to pay KRW 200 million to the Plaintiff, and thus, they cannot accept the Plaintiff’s claim. Thus, the Defendants’ assertion that they cannot accept the Plaintiff’s claim, since they did not have any evidence to acknowledge it.

3. In conclusion, the defendant shall pay 200,000 won to the plaintiff and 377,377,047,049 [200,000,000x 0.2x (159/365, 159/365)] calculated annually from October 13, 2005 to March 20, 2015 minus 10,00,000 won received from the plaintiff as of March 20, 2015 (200,007,37,049 (10,000,377,07,049 - 1,000,000,000,000) and 377,77,047,000,000 per annum from the next day to the 20,000,000,000 per annum for delay from March 1, 2015.

An order of payment for entry into a port shall be issued.