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(영문) 제주지방법원 2021.01.25 2020가단51381
대여금
Text

The Defendants jointly and severally pay to the Plaintiff KRW 350,000,000 and the interest rate thereon from August 26, 2015 to the day of full payment.

Reasons

Basic Facts

On August 2015, the Plaintiff agreed to lend KRW 350,000,000 to Defendant C with interest rate of KRW 200,000,000,000, and the remainder of KRW 300,000,000 until December 20, 2015, and the remainder of KRW 300,000,00,00 for each household of the apartment houses newly built on the ground, such as Jeju-si, to complete the registration of ownership transfer instead of performing the repayment.

On the other hand, on August 24, 2015, Defendant B signed and sealed the loan certificate stating the above loan terms to the Plaintiff and affixed it to the Plaintiff.

On August 25, 2015, the Plaintiff remitted KRW 350,000,00 to Defendant C, and Defendant C wired KRW 300,000 to Defendant B on the same day.

Defendant B remitted to E the total of KRW 301,00,000 on the same day, KRW 60,000,000 on August 26, 2015, and KRW 41,000,000 on September 23, 2015.

E On December 10, 2017, Defendant B borrowed KRW 301,00,000 from Defendant B and used it as the project cost of D New Construction Project at Jeju, and it is confirmed that Defendant B was able to repay the principal until December 30, 2015, but failed to proceed with the business, and that E was able to repay by transfer the contents of the loan and the right of repayment with the Plaintiff and F.

“The content of “ was written and written.”

[Grounds for recognition] According to the above facts of recognition as to Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 3, and 5 (including branch numbers, hereinafter the same shall apply), and the ground for claim as to the whole pleadings, barring any special circumstance, the defendants are jointly and severally liable to pay to the plaintiff interest or delayed damages at the rate of 24% per annum limited in accordance with the interest restriction law from August 26, 2015 to the date of full payment.

The summary of the Defendants’ assertion as to the Defendants’ assertion was exempted by F, who represented the Plaintiff, from the Defendant C’s obligation to the Plaintiff.

The above money that the Plaintiff lent to the Defendants was used for the project cost executed by E.

E will pay the above obligation to the Plaintiff and F at the end of December 2015 or around January 2016.

was made.

this section.

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