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(영문) 대구지방법원안동지원 2017.08.23 2016가단4860

대여금

Text

1. The Defendants shall jointly and severally pay KRW 100 million to the Plaintiff and 24% per annum from May 17, 2014 to the date of full payment.

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the whole pleadings in Gap evidence 1-1 to 4:

1) Status of the parties 1) Defendant B Co., Ltd. (hereinafter “B”).

D) The E warehouse site in Ansan-si, Dong-si (hereinafter “instant land”).

) Multi-household housing (hereinafter referred to as “multi-household housing in this case”) is purchased.

(2) Defendant B is the representative director of Defendant B, and Defendant C was transferred all rights related to the new construction of the instant land and multi-household housing from F and G. At the time of the said contract, H was the representative of F and G.

3) The Plaintiff is H’s wife. B. The Defendants are aware of the payment of the borrowed money, and the Defendants are aware of the payment of the borrowed money as follows (hereinafter “instant payment note”).

A) A loaner: Defendant B and Defendant C, a joint and several surety: (a) borrowed KRW 100 million from the Plaintiff as of July 18, 2013 as of July 18, 2013 and paid to the Plaintiff or his delegating H by October 18, 2013. (b) In borrowing KRW 100 million, the above loan amount shall be paid in cash to the mandator 17th day of each month as of October 17, 2013. (c) On October 18, 2013, the above loan amount of KRW 100 million shall be paid in cash to the delegating. (d) The above loan amount of KRW 100 million shall not be paid by October 18, 2013 in performing the registration procedure for acquisition of ownership in the Plaintiff’s name without any condition and objection. (c) The Defendants shall thereafter be obliged to perform the following obligations to the Plaintiff on November 12, 2013:

I prepared and delivered the undertaking. Defendant B’s joint and several sureties: Defendant C’s said undertaking and the joint and several sureties paid KRW 100,000 from the Plaintiff on July 16, 2013 to October 18, 2013, the terms and conditions of the loan of KRW 100,000 as KRW 2 million on the 17th day of each month were to pay as interest, and to check quality (for security purposes).