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(영문) 대전지방법원서산지원 2017.12.13 2015가단2968
대여금 등
Text

1. The Defendants jointly pay to the Plaintiff KRW 64,182,726 and KRW 62,689,514, among them, from April 6, 2015.

Reasons

1. Facts of recognition;

A. On November 27, 2014, the Plaintiff and Defendant A entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the content that the credit card sales price in the oil station (which is located in J) with the trade name “D,” shall be deposited into the account designated by the Plaintiff (hereinafter “instant gas station”) with the credit card sales price in the oil station (hereinafter “D”) operated by Defendant A with the intention to deposit the credit card sales price in the Plaintiff’s account designated by the Plaintiff, with the repayment method equal to the principal and interest rate and 2.2% per annum, but at least four months in arrears.

B. The Plaintiff loaned KRW 75 million to Defendant A on November 27, 2014 in accordance with the instant credit transaction agreement. As of April 5, 2015, Defendant A lost its interest due to delay in repayment of the principal and interest. As of April 5, 2015, the principal and interest of the instant credit transaction agreement amounted to KRW 64,182,726, and the principal and interest of the loan amount are KRW 62,689,514.

[Reasons for Recognition] against Defendant A: The descriptions of evidence No. 1-1, No. 2-1, No. 2-1, and the purport of the whole pleadings against Defendant B and C

2. According to the facts of recognition as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff the principal and interest of loans of KRW 64,182,726 and the principal of the loans of KRW 62,689,514 under the instant credit transaction agreement.

3. According to the following facts and circumstances, the judgment as to the claim against Defendant B and C is based on the descriptions of Gap evidence Nos. 2 to 5, 7, and 8 (including paper numbers), and the court's sc card card companies, NH Nonghyup Bank, KB national card companies, new card companies, modern card companies, lot card companies, lot card companies, one card companies, and Samsung Card companies, as a result of each order to submit tax information to the director of the budget office, and the whole purport of the arguments as to each order to submit tax information against the director of the budget office, and the following facts and circumstances are considered as follows.

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