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(영문) 수원지방법원 2018.02.22 2017가단31285
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 60,400,000 as well as KRW 58,500,000 among them, from September 7, 2017.

Reasons

1. Basic facts

A. (1) On October 31, 2014, the Plaintiff entered into a partnership agreement with Defendant C and D, and Defendant B signed and sealed the said partnership agreement as a guarantor of the said partnership agreement. (2) On May 4, 2015, Defendant B signed and sealed the said agreement to pay the Plaintiff KRW 26 million to the Plaintiff by May 30, 2015.

3) On October 31, 2012, the Plaintiff paid KRW 9.5 million out of the KRW 13 million stipulated in the said letter of commitment, and Defendant B, on June 30, 2016, entered into a redemption agreement stipulating that the remaining remaining balance of KRW 3.5 million shall be repaid in installments from August 2016 to December 2016, the Plaintiff agreed to pay in installments. (B) On October 31, 2012, the Plaintiff lent KRW 40 million to Defendant B after the due date for 24 months. On October 31, 2012, Defendant B prepared and issued a cash storage certificate demanding that the Plaintiff repay KRW 40 million within 24 months.

2) On January 1, 2015, Defendant B, on June 30, 201, issued to the Plaintiff a certificate of credit extension with the effect that KRW 40 million will be extended to the Plaintiff on June 30, 2016, and that KRW 100,000 interest will be paid on the 25th day of each month. Defendant B, on June 30, 2016, drafted a letter of credit extension guarantee with respect to the certificate of credit extension that the said KRW 40 million will be extended to the Plaintiff on June 30, 2017.

C. On January 29, 2016, the Plaintiff lent KRW 30 million to Defendant C. On January 29, 2016, Defendant C borrowed KRW 30 million to the Plaintiff at the rate of 1% per month after the due date for repayment six months and the interest rate, and on January 1, 2015, the loan amounting to KRW 40 million as stated in the loan certificate as of January 1, 2015, was paid in installments twice after the full repayment of KRW 30 million and the interest was paid in 200,000 per month.

On February 17, 2016, the Plaintiff received loans of KRW 15 million from Defendant C on January 29, 2016, and as interest, KRW 15 million on February 17, 2016; and as interest, April 25, 2016;

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