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(영문) 수원지방법원 2017.01.12 2016가단45256

약속어음금 및 대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,934,890 and the interest rate of KRW 15% per annum from October 1, 2016 to the day of complete payment.

Reasons

The Plaintiff is the representative director of Gangseo-gu Seoul Metropolitan Government D, and the Defendant is the representative director of F Co., Ltd., Ltd., located in Gangseo-gu. The Defendant loaned the Plaintiff’s operating funds to the Plaintiff on November 24, 2014, and requested the Plaintiff to lend KRW 2,00,000,000 to the Defendant respectively, and the Plaintiff lent KRW 3,00,000 to the Defendant on January 8, 2015. The Plaintiff supplied KRW 77,00,000 to F Co., Ltd. by May 26, 2015. The Defendant guaranteed the payment of the above goods on June 12, 2015. The Defendant issued a promissorysory note, “The amount of KRW 23,100,000,000, and the due date for payment, KRW 53,900,000,000, and KRW 15,015,000,000,00 each of the parties’ respective promissory notes issued and delivered.

Therefore, the Defendant is obligated to pay to the Plaintiff 30,934,890 won (i.e., loans of KRW 5,000,000,000 - Promissory notes of KRW 51,065,110) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 1, 2016 to the date of full payment, as sought by the Plaintiff.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.