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(영문) 수원지방법원성남지원 2017.06.29 2016가단9239

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 180,000,000 won and 24% per annum from April 1, 2015 to the date of full payment.

Reasons

1. Basic facts

A. A. Around November 2012, the Plaintiff’s registered director D (representative E) entered into a lease agreement with Defendant B, under the joint and several sureties’s joint and several sureties for the operation of the Seocho-gu farm by the Defendants (hereinafter “instant farm”). The term of the lease of approximately 4,00 square meters and hot rooms ( approximately 2,580 plastic temperature, approximately 70 square meters, and approximately 700 square meters) of the land for which the Flimited Corporation invested by Defendant B and owned a license to use the land (hereinafter “instant lease agreement”). The Defendants did not have been subject to the restriction on the use of the instant farm profits by December 1, 2012 through March 31, 2015 (hereinafter “instant lease agreement”).

B. On November 26, 2012, under Defendant C’s joint guarantee, the Defendants: (a) on the borrowing date of KRW 180 million from the Plaintiff (in the case of the loan of this case, KRW 180 million, KRW 180,000, KRW 1000, KRW 180,000, KRW 180,000; hereinafter “the loan of this case”); (b) on December 1, 2012, the maturity date may be extended on March 30, 2014 (Provided, That where the Plaintiff consents, it may be extended only once until March 30, 2015), the agreed rate of 1% per month (payment from December 31, 2012 to the end of each month); and (c) the overdue interest rate of KRW 24% per annum to the Plaintiff (hereinafter “the loan of this case”); and (d) paid interest to the Plaintiff by not later than March 18, 2015.

C. On March 31, 2014, Defendant B requested the Plaintiff to extend the repayment period of the instant loan by March 30, 2015, and the Plaintiff consented thereto.

Defendant B borrowed KRW 180,00,000 in order to prepare the instant lease contract and use it as funds for the initial operation of the farm of this case, in the case of the Suwon District Public Prosecutor's Office, 2016-type 22485, which filed a complaint against the Plaintiff in fraud.