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(영문) 수원지방법원 2015.01.29 2014가단8642
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 100,000,000 on the Plaintiff and as a result, from January 25, 2014 to February 24, 2014.

Reasons

1. Facts of recognition;

A. On November 27, 2010, the Plaintiff leased 208 and 209 (hereinafter “instant building”) out of the building located in D and 10 parcels of the building located in D and 10 parcels of land, the lease deposit amount of KRW 50,000,000, monthly rent of KRW 3,500,000, and the term of lease from January 1, 201 to December 31, 2012, and operated a dance institute. From June 201, Defendant B was working as a vice president and instructor of the dance institute.

B. On August 23, 2012, Defendant B acquired the right of lease from the Plaintiff on the instant building, and paid KRW 110,000,000,000,000 for lease deposit, including KRW 5,00,000 won and premium of KRW 6,000,000,000 to the Plaintiff as acquisition price. However, the payment is deferred until December 31, 2013, and the Plaintiff received the loan deposit amount of KRW 110,00,000,000 from Defendant B to secure the payment of the said acquisition price, and the Defendant C signed and sealed the said loan certificate as joint and several surety.

C. On January 1, 2013, Defendant B entered into a new lease agreement with Nonparty Company and the instant building at KRW 50,000,000, monthly rent of KRW 3,400,00, and the lease term of KRW 12 months.

On December 31, 2013, the Defendants repaid KRW 10,000,00 to the Plaintiff out of the obligations based on the instant loan certificate, and the Plaintiff extended the due date for the instant loan certificate to January 24, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally held to the Plaintiff KRW 100,000,000 (i.e., KRW 110,000,000 - KRW 10,000,000) and the following day following the due date for payment, are 5% per annum as prescribed by the Civil Act from January 25, 2014 to February 24, 2014, which is apparent in the record that the delivery date of a copy of the complaint of this case is a delivery date of a copy of the complaint of this case, and 5% from

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