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(영문) 서울중앙지방법원 2019.08.29 2019가단5023346

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 50,854,793 as well as KRW 30,000,000 among them, from June 10, 2016.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaging in real estate development business, etc. and Defendant C is the representative director of the Defendant Co., Ltd.

B. On April 14, 2011, the Plaintiff requested Defendant C to lend a loan, and lent a total of KRW 20,000,000 to the Defendant Company’s account twice on April 14, 2011, and accordingly, on May 30, 2011, the Plaintiff was issued a certificate of borrowing from the Defendant Company to pay interest on the said KRW 20,000 as 2% per month until July 30, 201.

(hereinafter referred to as “the first loan”) C.

On June 9, 2011, the Plaintiff requested for additional loans and lent KRW 20,000,000 to the Defendant Company’s account twice on two occasions on June 9, 2011.

(hereinafter referred to as "the second loan of this case". (d)

On November 21, 2013, with respect to the instant loans 1 and 2, the Plaintiff drafted a written confirmation of the following performance (hereinafter “instant performance agreement”) from the Defendants.

Confirmationer

1. B stock company (Representative C);

2. C above has prepared a loan certificate, a letter of repayment, a letter of commitment, etc. after giving money borrowed with respect to the development of five parcels outside Gyeonggi-do (171,107 square meters) in Yangju-si.

Taking into account these circumstances, I will prepare a performance certificate as follows:

1. The Obligor (debtor) shall pay the Won 40,000,000 won (Won 40,000,000) to A by March 30, 2014.

2. If the above-mentioned deadline is not met, interest shall be paid at a rate of 20% per annum from April 21, 201 to April 21, 201.

(Calculation Period of the above interest rate shall be calculated from the first borrowing date) November 21, 2013 (debtor)

1. B representative director C;

2. C

E. The Defendants paid to the Plaintiff KRW 10 million on January 13, 2014, and KRW 200,000,000 on May 4, 2014, which was after the expiration of the period, to the Plaintiff, KRW 5 million on December 30, 2015, and KRW 3 million on June 9, 2016.

[Ground of recognition] There is no dispute.