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(영문) 제주지방법원 2017.04.06 2015가합2023

대여금

Text

1. As to the Defendants’ joint and several liability amounting to KRW 500,000,000 to the Plaintiff:

A. The defendant limited liability company B is the defendant limited liability company on March 16, 201.

Reasons

1. Claim against the defendant limited liability company B

A. Facts of recognition 1) D and ASEAN as co-representative director, Defendant Limited Company B (hereinafter “Defendant Company”).

(2) On September 11, 2009, E prepared a loan certificate of KRW 500 million and paid interest, etc. to the Plaintiff on September 11, 2009.

The above loan certificate shall state the interest rate of 20% per annum.

In addition, on behalf of D on the same day, E prepares a document stating that “D and E borrow KRW 500 million from the Defendant and grants a provisional registration under the Plaintiff’s name with respect to the G ground buildings, etc. owned by D at Jeju, the wife of D as a security for the borrowed money, and the notary public has received certification from Law Firm Ma, etc. as certified by No. 2031, Dec. 2009 from Law Firm Duumumuma

(3) On September 17, 2009, September 17, 2009, 2009, after six (6) days thereafter, E borrowed KRW 500 million from the Plaintiff on behalf of D on September 1, 2012, with interest rate of thirty (30)% per annum, and E, with the effect that “the obligation is jointly and severally guaranteed”, the document of monetary loan contract No. 798 of 2009 was prepared and issued to the Defendant (hereinafter “notarial deed of this case”).

(4) After that, on March 15, 2010, E drafted and held a separate loan certificate of KRW 564,500,000,000 as stated in the table Nos. 1 through 5 below, and even on March 27, 2010 and May 30, 2010, E drafted and issued a separate loan certificate of KRW 60,000,000 and KRW 30,000,000,00 as listed below.

(hereinafter collectively referred to as “each of the instant loans”). On March 15, 2011, the date of maturity for the repayment of the borrowed amount of KRW 67 million on March 15, 2010, KRW 377 million, KRW 4.11 billion on March 215, 2011, KRW 5.3 billion on KRW 5.3 billion on March 27, 2010, KRW 20 million on March 27, 2010, KRW 30 million on May 30, 2010, KRW 50 million on May 30, 2010, KRW 2010, KRW 500 million on May 30, 2010 against D as the court 201hap1036, May 30, 2015.