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(영문) 창원지방법원통영지원 2019.11.28 2018가합219
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 590,000,000 and the period from March 1, 2018 to June 30, 2018.

Reasons

Facts of recognition

On August 2, 2017, the Plaintiff agreed to operate a business of manufacturing food for multi-purpose with Defendant B, and the Plaintiff paid KRW 600 million to Defendant B, and the Plaintiff paid KRW 30 million to the Plaintiff at a 30% share of the individual entrepreneur (including a corporation) operated by Defendant B’s spouse D, and the distribution of revenues was made upon the share of net profits excluding operating expenses (hereinafter “instant business agreement”). From July 30, 2016 to September 14, 2017, the Plaintiff paid KRW 590 million to Defendant B.

A and B (hereinafter referred to as “B”) are notarized on March 5, 2018 by attaching a corporate identification certificate of Party A and a written agreement on the loan of KRW 590 million (hereinafter referred to as “A”) as follows.

1. (Omission)

2. “A” agreed on November 4, 2017 on the terms and conditions of the agreement on the operation of the business as of November 4, 2017 to be settled at the time of full repayment of the borrowed amount.

3. By March 3, 2018 and April 3, 2018, “A” shall preferentially pay B the borrowed amount of KRW 200 million ( KRW 100 million per month), and the remainder of the borrowed amount ( KRW 390 million) shall be reverted to “B” until June 30, 2018.

A shall comply with the repayment date of the agreed amount to be repaid in the middle of this year.

4.After the preparation of joint and several sureties and notarial deeds under this money lending contract, Eul shall change the name of joint and several notarial businessmen D and E to the name of D one representative.

5. By June 30, 2018, Party A shall transfer interest to Party B to the Plaintiff’s account on the 25th of each month as follows, but may have a grace period of five days in consideration of Party A’s business continuity, but the interest rate of the grace period shall be subject to the daily overdue interest rate (24%).

6. From January 2018 to March 3, 2018, interest of 12% per annum on KRW 590,000,000,000 per annum, and interest of 12% per annum on KRW 490,000,000 per annum on April 2018.

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