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(영문) 수원지방법원 2017.11.30 2016가합79836

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 400,000,000 and the interest thereon from August 31, 2016 to the date of full payment.

Reasons

1. The repayment date of KRW 200,000,000 (two hundred billion) shall be fixed on March 31, 2017;

1. The debtor shall set on the 30th day of each month an interest equivalent to 3% per month on the creditor; and

2. Monthly interest shall be fixed not to pay in arrears for two months;

3. It does not extend from the expiry date of the reimbursement of claims.

4.In the event of the arrival of the expiration date of the reimbursement, the debtor will decide to transfer the right to the subsidy received by the YY to the creditor so that the creditor may receive it.

The Plaintiff: (a) On April 1, 2016, 200,000 won in an account in the name of the trade name (B) in the name of the Defendant Limited Partnership Company A (hereinafter “Defendant Company”); and (b) the same month.

3. A total of KRW 200,000,000 and KRW 50,000,000 on April 29, 201 (hereinafter “the primary money of this case”) were deposited, and as of April 1, 2016, the name of Defendant C and the representative director of the Defendant Company and the Defendant Company (the representative director appears to be the clerical error of the representative member) were written with each of the name of Defendant C, and the loan certificate on which the stamp image of the Defendant Company is affixed (hereinafter “the loan certificate of this case”) was written immediately next to the name of Defendant C, and the main contents are as follows:

B. Since June 30, 2016, the Plaintiff’s KRW 50,000,000 for the same year

7. 7. 150,000,000 won in total was additionally deposited in each account in the name of the trade name before the alteration of the Defendant Company (hereinafter “the second money”).

C. From July 4, 2016 to July 21, 2016, the Plaintiff paid a total of KRW 25,913,000 interest to the Plaintiff in the name of the Defendant Company or Defendant C.

Defendant C was the sole general partner and representative member of the Defendant Company at the time of the payment of the instant 1 and 2 principal interest and the drawing up of the instant loan certificate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, and 6 (including each number in the case of additional numbers), Gap evidence No. 4, the purport of the whole pleadings

2. Determination

A. 1) The Defendants are liable to prove the authenticity of the instant loan certificate (No. 4).