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(영문) 대전지방법원 천안지원 2017.02.07 2015가단11171
대여금반환
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 24% per annum from February 1, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. On December 7, 2010, the Defendant entered into a contract for the construction work with the C Co., Ltd. (hereinafter “C”) with the content that the construction work of the DNA neighborhood living facilities (hereinafter “instant construction work”) shall be KRW 1,100,000,000 for the construction work cost.

B. On January 31, 201, the Plaintiff loaned KRW 80,000,00 to the Defendant under joint and several sureties’s joint and several sureties, after deducting KRW 2,400,000 from the monthly interest.

C. On April 5, 2011, the Plaintiff: (a) under the joint and several sureties’s joint and several sureties, the representative director of C, the amount of KRW 30,000,000, the due date for payment was determined and lent to C on May 5, 201.

On April 25, 2011, the Plaintiff loaned KRW 20,000,00 to C under the above E’s guarantee as of May 15, 201.

E. On April 30, 201, the Plaintiff leased KRW 30,000,00 to C as of May 30, 2011.

F. On August 11, 201, the Defendant repaid KRW 80,000,00 to the Plaintiff.

G. On August 16, 201, the Plaintiff drafted a monetary loan certificate with the Defendant that the Plaintiff lent KRW 80,000,000 to C under the Defendant’s joint and several guarantee as of September 30, 201 (hereinafter “the first loan certificate of this case”) and ② a money loan certificate with the effect that the Plaintiff paid KRW 80,000,000 to the Defendant on September 30, 201, under the Plaintiff’s joint and several guarantee, at the payment rate of KRW 2% on September 30, 2011 (hereinafter “the second loan certificate of this case”). On the same day, the Plaintiff remitted KRW 72,60,000,000, which deducted advance interest from the account of the Agricultural Cooperatives Federation in the name of C.

H. C repaid KRW 81,800,000 to the Plaintiff on November 4, 2011.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1, 2, 4 through 9, 11, 12 (including evidence with serial numbers; hereinafter the same shall apply), Eul's evidence Nos. 1, 2 and 4, and the purport of the whole pleadings

2. The parties' assertion

A. On August 16, 201, the Plaintiff’s primary claim was submitted by the Defendant for additional loan of KRW 80,000,000 from the Defendant, and Nonparty 1’s primary claim.

(c). d.;

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