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Reasons
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(영문) 수원지방법원성남지원 2016.09.22 2015가합3910
출자금 등
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1. Defendant B’s 418,805,468 won and 280,000,000 won among them to the Plaintiff (Appointed Party) from October 9, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff leased each of the money listed below to Defendant B at each of the lending dates listed below, with interest rate of 20% per annum (payment by 10% per six months) and interest rate of one year, respectively.

(1) A person who intends to make a loan to the Plaintiff on April 14, 201 (hereinafter referred to as “the instant sole debt”). A person who intends to make a loan to the Plaintiff on April 14, 2010 on June 20, 2010 (hereinafter referred to as “the instant separate debt”). A person who intends to make a loan to the Plaintiff on June 20, 201 on August 26, 2010 (hereinafter referred to as “the instant separate debt”). A person who intends to make a loan to the Plaintiff on August 26, 2010 on August 26, 2010 (hereinafter referred to as “the instant separate debt”).

B. The Plaintiff and the designated parties D agreed to be jointly and severally liable by the Defendants, and each of the following loans was made by setting the interest rate of 20% per annum (payment by 10% per six months) and the loan period of 2 years, respectively.

Temporary loan (won) 150,000,000 on June 28, 2013; 191,000,000 on June 3, 2014; and

C. Defendant B repaid to the Plaintiff each of the following monetary amounts on the date of repayment indicated below.

8,000,000 on April 14, 2012; 11,000,000 on June 7, 2012; 8,000,00 on August 4, 2012; 12,00,000 on August 12, 2012; 28,000,00 on September 28, 2012; 8,000,00 on December 28, 200; 12,00,00,00,00 on April 11, 2013; 12,00,00,000,00 on June 9, 200, 100; 12,000,00 on the aggregate of the arguments No. 12138, Oct. 13, 2013; 16, 2008;

2. The Plaintiff’s respective repayment amounts of Defendant B’s assertion are repaid as follows, and the remaining interest amounts are as follows: (i) Defendant B is liable to pay the Plaintiff interest or delay damages from December 1, 2015 to the Plaintiff (i.e., KRW 156,650,000 (= KRW 280,000), and the Defendants are jointly and severally liable to pay the Plaintiff and the Selection KRW 262,200,000 (= KRW 71,200,000) and from December 1, 2015.

The date and time of loan repayment.

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