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(영문) 창원지방법원 2016.05.26 2015가합2003

대여금

Text

1. Defendant C’s KRW 500,000,000 as well as 36% per annum from June 1, 2005 to June 29, 2007, respectively, to the Plaintiff.

Reasons

1. Claim against Defendant C

(a) Indication of claim: Around April 2005, the Plaintiff lent interest of KRW 340,000,000 to Defendant B at 36% per annum (payment on September 30, 2005), interest rate of KRW 160,000 per annum on September 30, 2005 (payment on May 30, 2005), interest rate of KRW 36% per annum (payment on September 30, 2005), and interest rate of KRW 30,000 per annum on September 30, 2005, and Defendant C’s joint and several guarantee of each of the above loans obligations (the principal amount of KRW 500,000,000, and interest rate of KRW 36% per annum from June 1, 2005 to June 29, 2007 to the maximum interest rate of KRW 30% per annum and delay damages under the interest rate of the Act).

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

b. Claim against Defendant B, D, E, F, and G

A. On December 2003, Defendant B entered into a joint agreement with the head of Pyeongtaek-gun to construct accommodation facilities, etc. of 3,53, 53, 348 units above the ground on the 13th, 2005, 2005 (hereinafter referred to as the “joint agreement of this case”) on the 3th, 53 units above the 3th, 53 units above the 132 units above the 2005, and the above agreement was referred to as “joint agreement of this case”).

At the time, the representative business operator was to invest the land in Defendant B, and the joint business operator decided to invest in the land, and distributed profits or to bear losses related to the joint business arising during the period of the joint business agreement in this case according to the ratio of the area of the land.

In addition, joint business operators, including the Plaintiff and Defendant B, established a mutual business entity called “J” to carry out the instant joint business.

3) After that, around April 2005, the Plaintiff paid KRW 500,000,000 to Defendant B, including the sum of KRW 160,000,000,000,000, around May 2005. [In the absence of dispute over the grounds for recognition, the Plaintiff paid KRW 2,00,000 to Defendant B.]