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(영문) 인천지방법원 2017.08.11 2014가합12702
대여금
Text

1. Defendant C shall pay to the Plaintiff the full amount of KRW 590,709,529 and KRW 259,802,181 among them.

Reasons

1. Determination as to the claim against Defendant C

A. Facts of recognition 1) The Plaintiff lent to Defendant B a total of KRW 280,000,000 over several occasions. Defendant C jointly and severally with Defendant B, D, and E, jointly and severally liable for the above loan obligations against the Plaintiff. The Plaintiff and the Defendants set the specific method of repayment as follows. On December 3, 2002, the Plaintiff determined the Plaintiff as the obligee, and the Defendants as the obligee, as the obligee, and as the obligor, the notarial deed of money loan loan agreement with the Defendants as the obligor (hereinafter “notarial deed of this case”).

A) The amount of credit has been drawn up. The amount of credit shall be 280,000,000 won and the method thereof: 12,00,000 won each month from October 1, 2002 (1) to October 10, 2004 (23 times) and 10,000 won each month from October 10, 204, and 200,000 won. Interest shall not be paid: interest interest shall be paid 25% for principal; interest shall be paid 25% for interest; 2) The Plaintiff and Defendant C shall lose the benefit of time and bear the interest of 25% each year if the Defendants paid in installments as prescribed in the Notarial Deed of this case on one occasion, and each of the Defendants shall be jointly and severally liable.

3) The Defendants delayed payment from December 10, 2002 on the first due date. The Plaintiff began to receive KRW 10,000,000 from the Defendants on March 13, 2003, and received reimbursement as indicated in the annexed Table 1’s date of repayment and the amount in the annexed Table 1’s column of repayment. [Grounds for recognition] deemed confession (Article 150(3) and (1) of the Civil Procedure Act)

B. According to the above facts of recognition, Defendant C is jointly and severally liable with the remaining Defendants to pay the principal and interest of the obligation based on the instant notarial deed. When the Plaintiff appropriated the money repaid by the Defendants in order of interest and the principal, Defendant C remains with the principal amount of KRW 259,802,181 and KRW 330,907,348, total amount of KRW 590,709,529,529, and KRW 299,80,000 as stated in the attached Table 1 on October 31, 2011.

Therefore, Defendant C’s final repayment date for KRW 590,709,529 in total and KRW 259,802,181 in this case to the Plaintiff.

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