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(영문) 인천지방법원 2015.08.13 2014가합7120

대여금

Text

1. The Defendants jointly and severally against the Plaintiff (Appointed Party) A, KRW 100,000,000, and KRW 100,000,000, and the designated parties D.

Reasons

1. Facts of recognition;

A. On June 3, 2009, the Defendants agreed to operate a business with the Plaintiff (Appointed Party; hereinafter “Plaintiff”) A, Appointor D, Selection E (hereinafter “Plaintiff, etc.”) to establish and operate a stock company, and received respectively investments of KRW 100 million from Plaintiff A, Appointor D, and KRW 120 million from Selection E.

B. However, the Plaintiff et al. requested the Defendants to return the investment amount. On October 13, 2010, Defendant B Co., Ltd. with Defendant C as joint and several surety between the Plaintiff et al. and the Plaintiff et al., and on May 3, 2009, paid 50% of the amount borrowed by the Defendants from the Plaintiff et al. for their business operations until January 30, 201, and repaid 50% of the remainder until March 30, 201. If the repayment was not performed, the remainder will be settled retroactively from May 24, 2009 at the interest rate of 24% per annum. The Defendants drafted a debt repayment commitment (Evidence A2; hereinafter “instant commitment”).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, unless there are special circumstances, the Defendants are jointly and severally liable to pay to Plaintiff A KRW 100 million, 120 million to Selection, and 120 million to Selection, and each of them shall be jointly and severally liable to pay damages for delay calculated at the rate of 24% per annum agreed from May 1, 2009 to January 26, 2015, which is apparent that it is the delivery date of the copy of the complaint of this case, and the amount of damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

Accordingly, the Defendants agree not to raise a civil or criminal objection against the signing of the instant commitment while threatening the Plaintiff, etc. to file a complaint.