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(영문) 광주고등법원 (제주) 2018.09.05 2017나11003
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. On June 17, 2014, the Plaintiff prepared a loan certificate (hereinafter “instant loan certificate”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the following terms and conditions, and lent KRW 300 million to the Defendant Company (hereinafter “instant loan agreement”), Defendant C, D, and E (hereinafter collectively “B”) on the same day, and jointly and severally guaranteed the Defendant Company’s obligations.

The principal of Article 1 of the Loan Money Certificate of KRW 300 million shall be repaid until January 31, 2015, and the interest rate shall be 5% per annum. If default is made, the interest rate of KRW 24% per annum shall be paid until the date of repayment.

or is satisfied on F-si F-si land, including the contract amount at the time of the new construction work of the 10th above ground.

Articles 2 and 3 (Omission)

B. On November 17, 2014, the Defendant Company ordered H Co., Ltd., the Plaintiff’s representative (hereinafter “H”) to undertake a new construction project of F land (hereinafter “instant construction project”) at Seopopopoposi, the contract price of KRW 5.8 billion and the completion plan for the completion of the construction project (hereinafter “instant building”) on December 19, 2015.

C. On February 5, 2016, Defendant Company repaid the Plaintiff KRW 150 million out of the above loan debt. D.

Around March 24, 2016, H completed the instant construction and received approval for use of the instant building. Defendant Company and H agreed on the same day to the effect that “The contract amount shall be increased by KRW 626 million and the delayed completion of construction shall be deducted from the said contract amount by mutual agreement,” and that “The delayed completion of construction shall be deducted from the said contract amount by mutual agreement.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including provisional number), Eul evidence 1 to 3, the purport of the whole pleadings

2. Summary of the parties' arguments

A. As stated in Article 1 of the Plaintiff’s assertion, the Plaintiff shall pay 300 million won to the Defendant Company on January 31, 2015, interest rate of 5% per annum, and delay damages.

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