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(영문) 수원지방법원성남지원 2017.04.13 2016가단229439
대여금
Text

1. The Defendant is jointly and severally and severally with B to the Plaintiff KRW 200,000,000 as well as to the said amount from July 15, 2016 to November 23, 2016.

Reasons

1. Facts of recognition;

A. On July 14, 2016, the Plaintiff, under the joint and several surety B, lent KRW 200 million to the Defendant at the rate of three months from the date of repayment due and ten percent per annum.

B. At the time of the above lending, the Plaintiff shall be provided with goods as a member C from the Defendant as a security, and the Plaintiff, its subscriber, its membership fee of KRW 200 million, and its subscriber (Plaintiff) shall return the full amount of the subscription fee within 10 days from the business day at the time when the Plaintiff requests the return of membership within three months from the contract date without using membership rights. When the refund is returned, the Plaintiff stated that the refund shall be made at the rate of 10% per annum, and the Plaintiff, the Defendant, and the Defendant respectively, received “C membership agreement”

C. After that, on October 7, 2016, the Plaintiff requested the Defendant and B to return the loan amounting to KRW 200 million without using the above membership, which is within three months from the above lending date, but the Defendant and B did not comply therewith.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of claim, the Defendant is jointly and severally liable with B to pay the Plaintiff damages for delay at the rate of 10% per annum from July 15, 2016 to November 23, 2016, which is the delivery date of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

B. Although the defendant alleged that the above 200 million won was adjusted through an agreement between the plaintiff and the defendant, there is no evidence to acknowledge this.

Therefore, the defendant's above assertion is not accepted.

3. According to the conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by accepting it.

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