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(영문) 서울서부지방법원 2016.09.06 2015가단33277
대여금등
Text

1. The Plaintiff:

A. Defendant C shall pay KRW 37,00,000 and a rate of KRW 25% per annum from May 6, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. On December 31, 2014, the Plaintiff loaned KRW 38,000,00 to the above Defendant with Defendant B, and Defendant B guaranteed the Defendant B’s obligation under the above bond contract, including interest KRW 2,000,000,000, total amount of redemption of KRW 40,000,000, including interest KRW 2,000,000, and KRW 1,000,000 through KRW 3,00,000,000 each time from February 5, 2015 to October 5, 2016. At least three times, the Plaintiff prepared a bond contract with the effect that the payment of KRW 25,00,00 should be made by adding the interest for delay (hereinafter “instant bond contract”), and Defendant C guaranteed the Defendant B’s obligation under the above bond contract.

B. On June 12, 2015, the Defendant drafted and issued to the Plaintiff a written confirmation of payment that “I will pay KRW 40,000,000 to the Plaintiff at the time of the completion of the transaction of Seoul Mapo-gu D apartment 102 Dong 2004 ( September 15, 2015), and will be accompanied by the Plaintiff at the time of settling the remainder of the sales contract.”

(hereinafter “instant certificate of payment”). C.

On February 5, 2015, the Plaintiff received from the Defendants the payment of KRW 1,00,000 among the obligations under the instant bonds contract, and KRW 30,00,000 among the obligations under the instant bonds contract, from Defendant B on September 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of recognition as to the claim against Defendant C, Defendant C is obligated to pay to the Plaintiff the balance of the deposit under the instant claim contract, KRW 37,000,000, and damages for delay calculated by the rate of 25% per annum from May 6, 2015 to the date of full payment, which the Defendants lost the benefit of time.

3. Determination as to the claim against the defendant B

A. 1) The Plaintiff’s assertion as to the claim for a loan is based on the following points: (a) the Plaintiff is responsible for the investment and test of funds; (b) Defendant B is in charge of its operation; and (c) Defendant C is in charge of its business and operation, and “F Point 1 point” (hereinafter “F Point 1”); and

Section 2.2.

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