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(영문) 인천지방법원 2018.05.31 2016가합56065
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 289,00,000 on the Plaintiff and as a result, from May 5, 2016 to May 31, 2018.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the manufacture and sale of non-ferrous metals, and Defendant C is the representative director of the Defendant Company.

B. From December 24, 2012 to December 18, 2013, the Plaintiff leased KRW 360,000,000 to the Defendant Company as listed in Table 1 below.

hereinafter referred to as "first loan".

(1) The loan amount of KRW 70,00,000 on December 28, 2012, 2012, the lease amount of No. 110,000,000 on the lending date set forth in attached Table 1, shall be KRW 30,000 on January 31, 2013, 200 on February 28, 2013, 420 KRW 50,000 on February 28, 2013, 2013, KRW 60,000 on December 30, 2013, 200,000 on December 18, 2013, 200,000 KRW 360,360,000 on December 36, 200,000.

C. On January 16, 2014, the Plaintiff and the Defendant Company drafted a “agreement” with respect to the settlement of existing loan obligations, additional loans, and provision of security, etc. as follows:

(hereinafter “instant agreement”). Meanwhile, Defendant C guaranteed the implementation of the instant agreement by Defendant C.

1. As of January 1, 2014, the Defendant Company confirmed that the Plaintiff has a debt of 20% per annum from the day following the repayment period to the day of full payment (360,000,000), interest: 5% per annum (the time of occurrence) and repayment period: 31 December 2014; and delay damages: 20% per annum.

2. The obligation under paragraph 1 is to sell real estate of the Defendant Company’s head office to the extent of January 2014 and redeem the said real estate to the Plaintiff.

3. The Plaintiff, from January 16, 2014 to the Defendant Company, lent gold 250,000,000 won (250,000,000) to the Defendant Company as of the end of each month, respectively, on the following terms:

Terms and conditions of lease: 5% per annum from the date of payment to the repayment period, and 20% per annum from the date following the date of repayment to the date of full payment.

4. In order to secure the obligation under paragraph (3) by February 28, 2014, the Defendant Company shall establish a collateral security right on the entire E shares of “2,777 square meters” and shall register the pledge right with respect to “patentF” and “patent G”.

6. (1) The plaintiff shall not be able to repay the debt even before the maturity.

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