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(영문) 수원지방법원평택지원 2019.09.04 2019가단3672
대여금
Text

1. Defendant B’s KRW 66,500,000 and the Plaintiff’s annual rate of KRW 5% from April 1, 2019 to September 4, 2019, and the following.

Reasons

1. Claim and judgment as to Defendant B

A. Comprehensively taking account of the purport of the entire pleadings in the evidence No. 1 of the judgment as to the cause of the claim No. 1, the Defendant B is obligated to pay the Plaintiff KRW 140 million and delay damages therefrom, barring any special circumstance, on August 22, 2013, for the following reasons: (a) written a monetary loan certificate with the purport that the Plaintiff will pay KRW 140 million to the Plaintiff by October 4, 2013 (hereinafter “instant monetary loan certificate”); and (b) Defendant B is deemed to have jointly and severally guaranteed the Defendant B’s debt owed to the Plaintiff; and (c) barring any special circumstance, the Defendant B is obligated to pay the Plaintiff KRW 140 million and delay damages.

Meanwhile, the Plaintiff also claims interest calculated at the rate of 30% per annum from October 5, 2013 to the service date of the application for the instant payment order from October 5, 2013 to the service date of the application for the instant payment order. However, there is no evidence to acknowledge that there was the above interest agreement between the Plaintiff and D. Therefore, the Plaintiff’s claim for this part of the claim is without merit.

B. Defendant B, as the representative director of the Namyang-si, was operating the E apartment sales agency business at the Namyang-si, borrowed KRW 70 million from the Plaintiff, and additionally paid KRW 70 million with the final profit. Of these, Defendant B asserted to the effect that the principal amount was paid in excess of KRW 70 million, and the remainder of the final profit was difficult to pay KRW 70 million due to the failure of the sales business.

Comprehensively taking account of the purport of the entire pleadings in the evidence No. 1 of this case, D’s repayment of KRW 30 million to the Plaintiff via F on January 6, 2014; KRW 20 million on July 3, 2015; KRW 10 million on June 29, 2015; KRW 1.5 million on August 3, 2015; KRW 1.5 million on January 13, 2016; KRW 3 million on August 12, 2016; KRW 3 million on December 30, 2016; KRW 3 million on December 30, 2016; KRW 5 million on March 10, 2017; KRW 1.5 million on April 1, 2017; and KRW 5 million on August 17, 2015.

However, KRW 70 million out of KRW 100 million is the principal and the remainder KRW 70 million is the principal.

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