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(영문) 서울중앙지방법원 2014.11.26 2014가합545393

대여금등 청구의 소

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) From June 1, 201, as regards KRW 200,000 and KRW 100,000 among them,

Reasons

1. Indication of claim;

A. On October 10, 2008, the Plaintiff agreed to set KRW 100,000,000 as interest rate of KRW 2,00,000 per annum (24% per annum) for the purpose of expanding the service business of Defendant B Co., Ltd. (hereinafter “Defendant B”).

Defendant C guaranteed the above loan obligations to the Plaintiff on the same day.

The Plaintiff paid Defendant B KRW 10,00,000 on October 14, 2008, and KRW 50,000,000 on October 16, 2008, and KRW 100,000,000 on October 16, 2008.

The Defendants paid interest of KRW 100,000,000 to the Plaintiff by May 31, 2011, and thereafter did not repay the principal and interest of the said loan to the Plaintiff.

B. On July 31, 2009, the Plaintiff loaned KRW 100,000,000 to Defendant B for interest rateing to KRW 2,50,000 per annum (30% per annum) and by September 31, 2009.

Defendant C guaranteed the above loan obligations to the Plaintiff on the same day.

The Defendants did not fully repay the principal and interest of the above loans.

C. On February 16, 2009, the Plaintiff and Defendant B agreed that the Plaintiff shall take over the service based on the consignment contract for the operation and management of the arrival cargo between the Plaintiff and Nonparty B, and the Defendant B shall pay KRW 300,000,000,000 to the Plaintiff, while Defendant B continues to operate the business, the Plaintiff shall pay the Plaintiff the Plaintiff a monthly profit of KRW 8,50,000,000, and when the above consignment contract is terminated, the Defendant B shall return the said consignment to the Plaintiff.

On February 16, 2009, the Plaintiff paid KRW 300,000,000 to Defendant B, and Defendant C guaranteed Defendant B’s obligation to return the above deposit.

The Defendants did not return the said deposit to the Plaintiff even after the contract was terminated on or before August 1, 2011.

The Plaintiff’s loan of KRW 100,000,000 to the Defendants on October 10, 2008, and its final interest payment date, 24% per annum under the agreement from June 1, 201 to the date of full payment, and around July 31, 2009.