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(영문) 수원지방법원평택지원 2016.06.22 2015가합9433
대여금
Text

1. The Defendants, jointly and severally, shall be 30 million won to the Plaintiff and 6.68% per annum from August 31, 2014 to September 18, 2015.

Reasons

Basic Facts

Defendant B and D established a company E (hereinafter referred to as “E”) for the purpose of real estate development, etc. in order to carry out the instant project, as a person who has been engaged in the housing site development project (hereinafter referred to as “instant project”) within the tolerance area.

Defendant B is currently the representative director of E, and D registered Defendant C as an internal director due to the actual operator or bad credit standing of E.

The Plaintiff’s loan to Defendant B lent KRW 230 million to Defendant B on April 8, 2013, April 26, 2013, and May 24, 2013.

(hereinafter “previous Loan”). On August 30, 2014, Defendant B, who prepared a loan certificate between the Plaintiff and the Defendants, as the debtor, prepared a loan certificate with the following contents as joint and several sureties (hereinafter “the loan certificate of this case”), and then entered the name, resident registration number, address, etc. of the debtor and the Defendant C in the relevant part among the joint and several sureties column and issued the Plaintiff with each seal imprint affixed with each other’s seal impression attached thereto.

D At the time, Defendant B, while allowing Defendant C to enter the instant loan certificate as joint and several sureties, issued Defendant C’s seal imprint and certificate of personal seal impression.

The above amount of 100 million won with the borrowed money certificate shall be borrowed by the debtor without any framework and shall be agreed as follows:

The principal of Article 1 shall be repaid by August 30, 2015.

Article 2 The annual interest shall be 6.68% and shall be paid in addition to the address of the creditor every month.

Even if the interest has been paid at once Article 3, or when the debtor has received provisional attachment or seizure due to other debts, he/she shall lose the benefit of the time and shall not raise an objection even if he/she has filed a claim for the principal and interest at once.

Article 4 The lawsuit of this case shall be the court having jurisdiction over the domicile of the creditor.

To observe the above provisions of the Convention, the following shall be applied:

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