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(영문) 창원지방법원 통영지원 2018.11.08 2017가합11571

대여금

Text

1. The Plaintiff, Defendant B, and Defendant C, D, E, and G are with Defendant B, respectively.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that engages in the business of manufacturing and selling asphalts and ready-mixeds, and Defendant B (hereinafter “Defendant B”) is a legal entity that engages in the business of creating an industrial complex in the H industrial complex through Tong Young-si.

B. On December 1, 2014, the Plaintiff entered into an agreement with Defendant B on the content that included the following matters in relation to blasting stones and blasting stone supply produced by Defendant B (hereinafter “instant agreement”). Defendant C, D, F Co., Ltd. (hereinafter “Defendant E”), and G jointly and severally guaranteed Defendant B’s obligation to the Plaintiff under the instant agreement regardless of whether it was changed before and after the change.

5. 1) A (the plaintiff, the same shall apply hereinafter).

A (Defendant B, hereinafter the same) simultaneously with the preparation of an agreement agreement

(ii) lend a daily amount of KRW 1.5 billion to a person, provided that the interest rate shall be 8% per annum. The date of repayment of the loan shall be less than 8 months. (ii) The blasting price shall be calculated as at the end of each month and paid in the bill for three months.

6. 1) A, with respect to the payment of a loan to A, shall supply the entire amount of 160,000 cubic meters of the future container volume required in B to B. 7. The purchase of the site by A shall be agreed upon in accordance with the financial conditions of B after the next. 8. Non-performance of the contract 1.) A shall compensate for the full amount of the amount required for the installation of shower (electric installation costs) by B when A fails to meet the above agreement. The loan by B shall be fully repaid.

9. 1) The time when a shower is installed 1) The time when a shower is installed shall be from January 2015 to January 2, 2015. 2) A shall complete the adjustment of land, etc. so that a shower is installed.

B. After October 15, 2015, the Plaintiff and Defendant B changed the repayment period of KRW 1,50,000,000 to “ December 31, 2015,” respectively, to “8% per annum until September 2015,” and “10% per annum from October 2015.”

C. On April 10, 2017, in order to implement the instant agreement, the Plaintiff rent with I Co., Ltd. (hereinafter “I”).