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(영문) 대구지방법원 2020.01.09 2019가합202898
대여금
Text

1. The defendant shall pay to the plaintiff A for KRW 53,500,000 and KRW 50,000 among them, and KRW 226,00,000 among them, and KRW 226,00,000 among them.

Reasons

1. Basic facts

A. The plaintiffs are those who lend money to the defendant, and the defendant is the representative director of D Co., Ltd. who is engaged in the establishment of a library automation system, the production and distribution of electronic publications.

B. When business funds promoted by D were needed, the Defendant: (a) from 2015 to 2016, deposited the Plaintiff’s KRW 40,000, and KRW 215,000,000 from Plaintiff B; and (b) on September 29, 2017, the Defendant: (c) on December 31, 2018, paid the principal amount to Plaintiff B; (d) KRW 1,00,000 (payment from February 10, 2018 to October 2017; and (e) on a loan certificate with KRW 50,00,000,000 per annum; (e) around December 31, 2017, the Defendant paid the Plaintiff the principal amount to the Plaintiff with KRW 215,00,000; and (e) on a loan certificate with KRW 10,000,00 per annum from January 1, 2017 to October 25, 2017.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 4, and 6 (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs asserts that the defendant is obligated to pay the loans and damages for delay to the plaintiffs in accordance with each of the loans in this case.

B. We examine the following facts: (a) the Defendant: (b) determined the Plaintiff’s principal amounting to KRW 50,000,000 on December 31, 2018; (c) KRW 250,000 per annum (payment on December 10, 2017; and (d) interest rate of KRW 10,000 per annum; (b) the loan certificate; (c) the Plaintiff’s principal amounting to KRW 215,00,000 per annum; (d) the due date of payment; (e) December 31, 2018; (e) the interest rate of KRW 1,00,000 per annum (payment on February 10, 201); and (e) written and issued each loan certificate with 10% per annum.

Therefore, the defendant shall pay to the plaintiff A 53,50,000 won [50,000 won + (250,000 won per month + 250,000 won x 14 months)] and 50,000,000 won among them, and to the plaintiff B 226,000,000 won [215,000 won + (215,000,000 won per month + 11 month)] and the amount of 215,00,000 won among them.

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