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(영문) 서울중앙지방법원 2019.09.05 2018가합507276

대여금

Text

1. Defendant B’s KRW 634,915,068 as well as 15% per annum from April 11, 2018 to May 31, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties (1) and the defendant C are between the plaintiff and the defendant C who resided in the United States and became aware of, and the defendant C’s her her her her her her her her birth was the married couple who reported the marriage on December 5, 2008.

(2) Defendant B operated a business entity that manufactures and sells clothing with the trade name “E” (hereinafter “instant business entity”) during marriage with D, and Defendant C and D were in charge of accounting, etc. at the instant business entity.

(3) On June 22, 2017, Defendant B and D entered into and divorced the conciliation in Seoul Family Court Decision 2017Du309575, 2017Ddan31046, and Defendant B and D renounced the other party’s division of property, etc., and thereafter, Defendant B and D operated the instant business entity.

B. The obligee preparing each of the instant loan certificates is the Plaintiff, and each of the following loan certificates, the obligor’s name of which is named “C” (hereinafter “each of the loan certificates of this case”) was written:

[B] The debtor C agrees to borrow from the creditor as of March 10, 2014, KRW 280,000,000 from the creditor as of March 10, 2014 and to repay it until March 10, 2016.

The repayment may be extended automatically by the loan certificate by agreement 30 days prior to the due date, and if the creditor requests the debtor to redeem the loan amount 30 days prior to the due date, the debtor will, in any case, repay the above loan amount.

The interest on the borrowed amount shall be paid at the interest rate of 9% per annum in the 10th of the following month.

When the maturity of this loan agreement is requested to repay 30 days before March 10, 2016, the debtor must settle all of the above loan amount and interest to the creditor.

[B] The debtor C agreed on August 23, 2014 to borrow the loan amount of KRW 120 million from the creditor on August 23, 2014 and to repay it until August 23, 2015.

30 days prior to the date of redemption.