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(영문) 서울남부지방법원 2017.09.22 2016가합2261
대여금
Text

1. Defendant F shall:

A. Plaintiff A, 400,000,000 won, 120,000,000 won for Plaintiff B, and each of the said money on October 31, 2008.

Reasons

1. As to the plaintiffs' respective claims against defendant F

A. Facts of recognition A 1 The plaintiff A

1. As indicated in the “Plaintiff A lending details”, the sum of KRW 400,000,000 on 22 occasions from September 2, 2005 to November 5, 2007, and the Plaintiff B, as shown in the “Plaintiff A lending details”, shall be as shown in the Appendix B

2. As indicated in the “Plaintiff B lending Details”, the sum of KRW 120,000,000 on four occasions from August 21, 2006 to October 23, 2007 was deposited into a passbook in the name of each G.

2) On February 13, 2008, Plaintiff F, G, and G were the representative director, Defendant F, and Plaintiff H Co., Ltd. (hereinafter “H”).

(3) A certificate of cash custody was issued to the effect that “Defendant F, G, and H borrows KRW 400 million from the Plaintiff and repaid from April 30, 2008 to October 30, 2008,” and that “Defendant F, G, and H borrows KRW 120 million from the Plaintiff and repaid from April 30, 2008 to October 30, 2008.”

4) On March 29, 2010, Plaintiff C received a certificate of borrowing from Defendant F to the effect that “Defendant F borrowed KRW 140 million from Plaintiff C, and promised to complete payment at the early date after release.” [Grounds for recognition] Articles 1 through 8 (Additional Number) are included, unless otherwise specified; hereinafter the same shall apply.

each entry, the purport of the whole pleading

B. 1) In light of the above facts of recognition, Defendant F is obligated to pay Plaintiff B the loan amounting to KRW 400 million and its delay damages; the loan amounting to KRW 120 million and its delay damages; the loan amounting to KRW 140 million to Plaintiff C; and the loan amounting to KRW 120 million and its delay damages, respectively. (2) Plaintiff B claimed damages for delay calculated by the rate of KRW 25% per annum from October 31, 2008, the following day after the due date, for the above loan amounting to KRW 120 million. However, Plaintiff B and Defendant F claimed damages for delay calculated by the rate of KRW 120 million from October 31, 2008.

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