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(영문) 수원지방법원안산지원 2020.03.11 2019가단5611
대여금 반환
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 125,726,00 and KRW 50,000 among them, from July 15, 2014 to February 7, 2018.

Reasons

1. Basic facts

A. On June 3, 2009, the Plaintiff made a loan to the Defendants at an interest rate of KRW 50 million per month and on November 30, 2009 (hereinafter “instant loan”). However, the Plaintiff agreed to immediately repay the principal and interest at the above maturity.

B. At the time of the instant lease, Defendant C was the representative director of Co., Ltd. D for the purpose of selling or leasing real estate, and Defendant B was the representative director of Co., Ltd for the purpose of real estate sales agency business.

C. On the front of the loan certificate drawn up at the time of the instant loan, the phrase “the borrowed money will be regularly borrowed at the expense of selling in lots” is indicated respectively, and on the back of the loan certificate, the word “F will pay 0.5% of the purchase fee to the Plaintiff.”

On the other hand, Defendant C repaid 1 million won to the Plaintiff on March 15, 2019.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap’s 1 through 6, 8 through 10, and the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the Defendants jointly and severally stated to the Plaintiff the loan certificate prepared by the Defendants under joint signature at the time of the lending of this case as the loan amounting to KRW 50 million, and this is so in light of the fact that the Plaintiff, which was promoted by the Defendants as at the time of the lending, borrowed the above money with the business fund for the sale agency business.

) The maximum interest rate under the Act on the Restriction of Interest Rates and the Enforcement Decree of the same Act (amended by Presidential Decree No. 28413, Jun. 30, 2007; Presidential Decree No. 25376, Jul. 15, 2014; Presidential Decree No. 25376, Feb. 8, 2018; Presidential Decree No. 28413) is 24% per annum from June 30, 2007 to June 30, 2007; and the maximum interest rate under the same Act (amended by Presidential Decree No. 28413, Feb. 8, 2018).

interest or delay damages shall be paid within the scope of the section.

B. As to the assertion by Defendant C, the judgment of Defendant C is from the date of filing a lawsuit among the interest claims on the instant loan.

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