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(영문) 의정부지방법원고양지원 2017.10.18 2016가단28739

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 196,50,000 and the interest rate thereon from December 22, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On January 28, 2014, Defendant B established the Defendant Incorporated Association C (hereinafter “Defendant Incorporated”) for the purpose of operating and supporting D Camps (hereinafter “Defendant Incorporated”) and took office as the representative of the Defendant Incorporated on June 8, 2016. However, Defendant B assumed office as the representative of the Defendant Incorporated on May 16, 2017 and is in office as the representative of the Defendant Incorporated.

B. Upon Defendant B’s request, the Plaintiff remitted the total of KRW 196,500,000 (paid interest of KRW 2,500,000) to the account in the name of ENPC Co., Ltd. (hereinafter “ENP”) and May 30, 2014, respectively, to the account in the name of ENF, which is the head of Defendant B, on April 21, 2014 and May 30, 2014; and KRW 196,50,000,000 (credit of KRW 2,50,000) to the account in the name of the Defendant corporation; and KRW 49,00,000,000 (credit of KRW 1,000,000) to the account in the name of the Defendant corporation.

C. On December 22, 2014, Defendant B prepared a loan certificate of KRW 200,000,000 in the name of the Defendant Corporation in the name of the Plaintiff, and the said loan certificate stipulates that the agreed interest rate shall be 2% per month.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 (a written confirmation of a loan, the defendants' assertion that the above document was written by coercion and that the agreement based on the above document was null and void because it constitutes an unfair legal act. However, since there is no evidence to prove the defendants' assertion, the above assertion shall not be accepted), evidence Nos. 2-1, 2-2, 3, and 8 through 10, witness G's testimony, and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that Defendant B borrowed a total of KRW 196,500,000 (the amount after deducting interest from advance interest) from the Plaintiff as 2% per month of interest, and it is reasonable to view that the Defendant corporation agreed to jointly and severally pay the principal and interest of the loan. Thus, barring any special circumstance, the Defendants jointly and severally seek the said KRW 196,50,000 from the Plaintiff and the Plaintiff.