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(영문) 서울중앙지방법원 2016.02.12 2015가단5121815
대여금
Text

1. The Plaintiff:

A. As to Defendant C and D’s joint and several, KRW 145,00,000 and KRW 45,000 among them, Defendant C and D’s joint and several liability.

Reasons

1. Facts of recognition;

A. Defendant D sold clothes at G market located in the Jung-gu Seoul Metropolitan Government F.

Defendant C is a female student of Defendant D, and is a married couple with Defendant B.

B. On March 18, 201, the Plaintiff paid KRW 200 million to Defendant C and D at the intervals of one month from the date of lending, with the interest of KRW 10,000,000 per annum on the remaining principal (per 1% per annum) on the 18th day of each month. The Plaintiff provided that interest on the remaining principal shall be paid at the intervals of one month from the date of lending. The Plaintiff received a certificate of borrowing from the said Defendants.

The Defendants paid KRW 155,00,000 to June 9, 2014, and thereafter, paid only interest at the rate of KRW 1% (12%) per month from March 17, 2015 on the remaining principal amount of KRW 45,00,000.

C. Around July 28, 2012, the Plaintiff loaned KRW 124,00,000 to the said Defendants on May 1, 2014 with the due date set at 12% per annum, and 12% per annum. The Plaintiff received the said Defendants a certificate of borrowing from the said Defendants.

The above Defendants paid only KRW 24,000,000 among them.

Upon the request of the aforementioned Defendants, the Plaintiff finally extended the maturity of KRW 50,000,00 on May 2, 2014 to May 15, 2015, and the remainder of KRW 50,000,000 to January 16, 2016.

(A) The interest accrued until the due date has been paid in advance. (d)

1) On September 4, 2014, the Plaintiff directly deposited KRW 22,50,000,000 of the goods price of the said Defendants in the Defendant E’s account at around September 4, 2014 upon Defendant C and D’s request for a loan with a bill discount. There is one promissory note note, the issue date of which was September 3, 2014, which was July 3, 2015, indicated “H” as the trade name of the business entity run by Defendant E in the Endorsement column.

(2) Around January 27, 2015, Defendant D, and C’s goods price of KRW 17,600,000,000 on July 3, 2015, and the interest rate of KRW 2,50,000 on the loan thereafter, was agreed to pay the amount at a rate of 12% (1%) per annum (1%). In addition, the Plaintiff directly agreed to pay the amount at a rate of KRW 12% per annum, as in the foregoing paragraph (1).

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