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(영문) 인천지방법원부천지원 2019.01.18 2018가합100464
대여금
Text

1. The plaintiff's respective claims against the defendant (appointed party) and the designated parties are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Determination as to claim against the defendant

A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion is that the Defendant, who had operated the upper point in the E market with the trade name “F”, lent KRW 1,228,70,000 in total over 18 times as indicated below (attached Table 1) with business funds. Each of the loans listed in [Attachment 1] 3-8, and 15 among the Defendant and the designated parties was fully repaid, but all of the other loans (attached Table 1] were repaid, and each of the loans listed in [Attachment 1] 1, 2, 9-14, 16-18, hereinafter “each of the instant loans”).

(2) The Defendant is obligated to pay damages for delay at the rate of 24% per annum from November 17, 2016 to the date of the final repayment of each of the instant loans. The Defendant is obligated to pay damages for delay at the rate of 14% per annum from November 17, 2016 to the date of the final repayment of each of the instant loans. The Defendant is obligated to pay to the Defendant each of the instant loans [Attachment 1] [Attachment 1] 2,578,923,691 in total of the principal and interest on the remaining loans as of November 16, 2016 (i.e., the remaining principal and interest amount of KRW 640,200,00 or delay damages) (i.e., the remaining principal and interest amount of KRW 1,938,723,691) and the remaining principal and interest amount of KRW 640,200,000,000,000 per annum 12].

C) On March 10, 2010, the Plaintiff and the Defendant confirmed that the balance of each of the instant loans was KRW 68,500,000,000, and the Defendant stated the amount borrowed to the Plaintiff as KRW 65,000 (hereinafter “the instant loan certificate”).

B. On the other hand, the settlement agreement was concluded by providing for the payment of KRW 3,500,000 in cash, separate from the loan certificate of this case.

In accordance with the settlement agreement with the Plaintiff, the Defendant totaled KRW 3,500,000 on September 20, 2010 and December 9, 2010.

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