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(영문) 서울남부지방법원 2019.06.21 2018가단257471
대여금
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 74,828,767 as well as KRW 50,00,000 among them, from October 17, 2018.

Reasons

1. On December 12, 2015, the Plaintiff entered into a production investment contract between Defendant B and Defendant B (hereinafter “B”) under which the Plaintiff invested KRW 50,000 in respect of video products planned and produced by Defendant B and would receive the distribution of the profits therefrom (Evidence A 1; hereinafter “instant investment contract”); and Defendant D guaranteed Defendant B’s obligation to the Plaintiff.

On December 2015, the Plaintiff paid KRW 50 million to Defendant B according to the said investment contract.

On October 17, 2016, Defendant B: (a) borrowed KRW 16 million from the Plaintiff on April 1, 2017 at an annual interest rate of 16%; (b) and (c) agreed to pay KRW 50 million under the instant investment contract by December 23, 2017; and (d) to pay the interest rate of KRW 20% per annum in two-lanes.

On August 30, 2017, Defendant D borrowed KRW 10 million from the Plaintiff on November 2017, 2017, setting the maturity of payment as KRW 2% per annum (24% per annum).

(A) On August 22, 2018, the Plaintiff received the following loan certificates from Defendant C (hereinafter “the instant loan certificates”). The Defendant C’s name, signature, resident registration number, and address is indicated in the “debtor” column at the lower end of the loan certificates.

Amount: (1) The amount of interest of KRW 15,680,000 shall be repaid until October 22, 2018.

(2) An investment amount of KRW 50,000,000 may be reduced or exempted from interest at the time of repayment within six months and there is no reduction or exemption from interest at the time of default (presumed to be repaid: February 22, 2019).

The remaining principal and interest remaining until October 16, 2018 under the instant investment contract are KRW 74,828,767 ( principal KRW 50,00,00,000, interest KRW 24,828,767) and the remaining principal and interest remaining until October 22, 2018 on the borrowed amount as of October 17, 2016 are KRW 15,680,00 (principal KRW 13,77,780, KRW 1,902,220) and the remaining principal and interest on the borrowed amount as of August 30, 2017 are KRW 6,096,400.

(2) The principal;

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