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(영문) 서울동부지방법원 2015.03.24 2014가합106494
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,00,000,000 and KRW 500,000,00 among them, from September 9, 201, and 50.

Reasons

1. Around October 2009, the Plaintiff, upon receiving a subcontract for the installation of excellent storage facilities from Sam Profit Promotion Construction Co., Ltd. (hereinafter “Seoul Profit Promotion Construction”) and completing the construction, agreed to lend KRW 200,000,000 to Sam Profit Promotion Construction on November 201, 201, and in addition, to lend KRW 400,000,000 to Sam Profit Promotion Construction, the Plaintiff agreed that the said construction shall not be paid KRW 200,000,000 shall be deemed to have been leased to Sam Profit Promotion Construction.

The Plaintiff, on December 14, 2010, additionally lent KRW 300,000,000,000, and KRW 100,000,000,000 on December 20, 2010, and thereafter, extended loans to the 300,000,000 (= KRW 200,000,000) for the 300,000,000,000 for the 300,000,000,000 for the 300,000,000,000 for the 300,00,000.

On August 18, 2011, the Plaintiff and Samhan Construction agreed to pay 6% interest of the total amount of KRW 1,000,000,000 per month for the above loans, and 500,000,000 among them, until September 8, 2011, and the remainder of KRW 500,000,000 until September 10, 201.

At the time of the above agreement, the Defendants jointly and severally guaranteed the above loan obligations owed to the Plaintiff by the Samdung Construction.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 30% per annum for KRW 1,000,000 and KRW 5,000,000 among them, from September 9, 2011, and KRW 500,000,000 from September 11, 201 to the date of full payment.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

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