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(영문) 수원지방법원안산지원 2015.02.12 2014가합20384
손해배상(기)
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 158,785,089 and the Plaintiff’s 34,385,089 among them, the Defendant (Counterclaim Defendant)’s KRW 158,785,089.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

From October 201 to December 2012, the Plaintiff lent money to Defendant B on several occasions as funds for operating the screen golf course operated by the Defendants and funds for purchasing screen golf equipment.

On February 2, 2012, the Plaintiff and Defendant B drafted a monetary loan agreement (Evidence B) with the following contents, and at the time, Defendant C guaranteed the above obligation of Defendant B.

Article 1 (Lease and Limit) Defendant B, within the limit of KRW 200,000,00 (20,000) in successive borrowing of money necessary for the progress of the mechanical rental business from the Plaintiff, agreed on the performance of the obligations as set forth in the following subparagraphs. (2) The borrowing amount may, within the limit of that amount, occur when the Plaintiff remitted money to the bank account of Defendant B at the request of Defendant B to that of Defendant B.

Article 2 (Methods of Redemption of Loans and Payment of Interest) 1) The loan borrowed under Article 2 (Methods of Redemption of Loans and Payment of Interest) 1 shall be remitted to the Defendant’s bank account (as trusted: E), and the amount shall be paid in the way that the Plaintiff transfers it to the Plaintiff without delay on the next repayment date. 2) The repayment date of the loan borrowed shall be the date of full payment at the first anniversary of the occurrence of each loan borrowed under Article 1; however, if it is intended to extend the repayment period of each loan borrowed, it shall be agreed in writing with the Plaintiff and the Defendants, and the written agreement shall be attached to this Agreement.

3. Method of payment of interest: Defendant B shall pay to the Plaintiff the amount of unit investment in Defendant B transferred from the Plaintiff at the end of each month after the conclusion of the contract as KRW 450,00 per month, and where the amount falls short of one month, it shall be calculated on a daily basis, and where the interest is overdue, the overdue interest applying 14% per annum shall be paid additionally.

In addition, on February 8, 2012, the Defendants are the Suwon District Prosecutors' Office with respect to Defendant B's obligation to borrow funds.

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