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(영문) 수원지방법원 2020.02.14 2019가단559510
대여금
Text

1. The Plaintiff:

A. Defendant C shall pay KRW 61,311,410 and KRW 48,801,48 of its total amount from October 12, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan to Defendant C (hereinafter “first loan”) 1) Defendant C is the E Co., Ltd. (hereinafter “E”).

(ii) from Nenes G80 FJ vehicles (hereinafter referred to as “first vehicle”)

(2) On October 11, 2019, through G, which is the Plaintiff’s affiliation, the Plaintiff and the Plaintiff agreed to obtain a loan by setting the loan amount of KRW 50,00,00 per annum, interest rate of KRW 9.9% per annum (interest rate of delay 12.9% per annum), and the period of 36 months. However, Defendant C entered into a mid-term debate on the repayment of the loan amount in equal installments. (2) After then, Defendant C delayed the repayment of the principal and interest of the first loan to the Plaintiff, and the amount of the first loan to Defendant C as of October 11, 2019 is the remaining principal and interest of the loan amount of KRW 48,801,48, interest rate of KRW 1,645,574, interest rate of KRW 10,864,348, total of KRW 61,410,410.

B. The Plaintiff’s loan to Defendant D (hereinafter “Secondary loan”) 1) Defendant D’s loan to Defendant D (hereinafter “Defendant D”) is from E, GLA CWH (hereinafter “Class 2”).

(2) On October 11, 2019, through G, which is the Plaintiff’s partnership point, the Plaintiff and the Plaintiff agreed to obtain a loan on October 27, 2017 at the rate of 47,20,000 won per annum, interest rate of 9.9% per annum (interest rate of delay 12.9% per annum), and the period of 36 months, but Defendant D also entered into a mid-term debate on the repayment of the above loan in equal installments. (2) After then, Defendant D also delayed the repayment of the principal and interest of the second loan to Defendant D, and the amount of the second loan to Defendant D as of October 11, 2019 is KRW 47,20,000,000, unpaid interest rate of KRW 1,860,38, interest rate of delay 11,146,233 won, total 60,571 won.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, barring any special circumstance, Defendant C’s 61,311,410 won and the remaining principal of the loan 48,801,48 won from October 12, 2019.

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