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(영문) 부산지방법원 2021.02.05 2020가단311066

대여금

Text

The defendant shall be jointly and severally liable to C with the plaintiff

(a) KRW 110,00,000 and its interest shall be from May 15, 2018 to the day of complete payment.

Reasons

1. Reviewing the determination on the cause of the claim, based on each of the evidence of this case, the Plaintiff: (a) the Defendant and C, as well as the Plaintiff: (b) KRW 20,000,000 on September 21, 2015; (c) KRW 20,000,000 on January 7, 2016; and (d) the same year.

5. 16. 20,00,000 won, and 20,000,000 won on or after December 2, 12, 2017, and 110,000,000 won on or after April 5, 2017 (hereinafter “each of the instant loans”) were determined as interest rate of 18% per annum, the Defendant and C prepared and affixed a written confirmation of borrowing and performance of commitments to the Plaintiff after the above loans, and the Plaintiff signed and sealed the written confirmation of borrowing and performance of commitments to the Defendant and C on or after October 31, 2017; the Plaintiff shall be entitled to claim 30,000,000 won on or after the above shares were held by the Defendant and C; the Plaintiff shall be entitled to claim 10,000,000 won on or after 30,0000,0000 won on or after the date of acquisition of shares with 100,010,000 shares issued by transfer.

Therefore, the Defendant is jointly and severally liable with C to pay the Plaintiff the agreed interest at the rate of 110,00,000 per annum from May 15, 2018 to the date of full payment, as the Plaintiff seeks. The Defendant is jointly and severally liable to pay the Plaintiff interest at the rate of 18% per annum from May 15, 2018 to the date of full payment. The Defendant is obligated to pay the Plaintiff delayed damages at the rate of 10% per annum from October 31, 2017 to April 13, 2020, the delivery date of a copy of the instant complaint from October 31, 2017 to the date of full payment, and from the next day to the date of full payment, the Defendant is obligated to pay the Plaintiff delayed damages at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

2. Judgment on the defendant's assertion

A. The defendant has actually used most of the above loans to himself.