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(영문) 창원지방법원 2014.10.15 2013가단20284

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 50,000,000 and Defendant B with respect thereto from August 10, 2013, and Defendant C with respect thereto.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned totaling KRW 50,000,000 to the Defendants on January 22, 2013, and KRW 15,000,000 on January 25, 2013, and KRW 50,000,00 on January 30, 2013 to the Defendant C at the request of the Defendants.

B. On January 30, 2013, the Defendants drafted two copies of the loan certificate (hereinafter “the instant loan certificate”) with the following content attached to the Plaintiff. However, the Defendants’ personal seal affixed affixed to the Plaintiff’s corporate director, director of the corporation, and the Defendants’ personal seal on the side of the said loan certificate merchant.

In addition, at the bottom of the above loan certificate, Defendant B entered “B” and the Handphone number on the side of the “D representative director”, and affixed the personal seal, and under which Defendant C entered the “E representative C” and the Handphone number and affixed the personal seal.

In addition, at the last bottom, the "6, 7, and 8th floor of the F building in Ginhae City," and the telephone number "G," which are the main office of D, are described above, and the corporate design of D, which is affixed on that side.

on January 22, 2013, the gold n.e., KRW 30,000 ( KRW 30,000) was borrowed. Interest n.e. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n.

2. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff the amount of KRW 50,000,000 and the following day after receiving a claim for performance from the Plaintiff, Defendant B, the day following the delivery of the copy of the complaint in this case, and Defendant C, the day after the delivery of the copy of the complaint in this case, and the damages for delay calculated at the rate of 20% per annum from September 4, 2013 to the day of full payment.

3. Judgment on the defendants' assertion

A. As to the Defendant B’s assertion, the judgment of the Defendant B is as follows: (i) the said money is from E owned by Company D to the Plaintiff’s Sejong.