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(영문) 부산지방법원동부지원 2017.08.25 2016가합102701
대여금
Text

1. The plaintiff A:

A. Defendant D Co., Ltd. shall be KRW 80,000,000 and its payment shall be from April 26, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company established on September 6, 2013 for the manufacturing and trade business of machinery parts. Defendant C is the representative director of Defendant D, and Plaintiff A is the inside-house director of Defendant D.

B. (1) On May 31, 2015, Plaintiff B shall pay the principal of KRW 30,000,000 and interest rate of KRW 10% per annum to Defendant D (which shall be paid on the last day of the following month, and in the case of partial repayment of principal, interest shall be calculated on the balance outstanding.

(2) From June 30, 2015 to July 31, 2016, the repayment period was determined and lent as 12 installment payments (the last day of each month) and Defendant D’s representative director and the Plaintiff’s inside director determined as 33,00,000 won for Defendant D’s obligation against Defendant D’s Plaintiff, and the guarantee period was set as 33,00,000 won for Defendant D’s obligation against Defendant D’s Plaintiff B. (2) On May 27, 2016, Plaintiff B guaranteed that Defendant D’s principal amount was 50,000,000, interest rate was 6% per annum (the interest rate shall be calculated on the outstanding balance as of the last day of each month, but in the case of partial repayment, from July 31, 2016 to June 30, 2019, Defendant D’s representative director was determined as 36 installment payments) and the amount was set as 50,5050,2500.

C.1) On May 13, 2016, Defendant D entered into a monetary loan agreement with E and F, which agreed to lend money to Defendant D upon Plaintiff A’s introduction, and Defendant D’s representative director and inside director set the guarantee limit amount to KRW 108,325,00 for Defendant D’s above obligation to Defendant D E and F, and the Plaintiff A jointly and severally guaranteed the guarantee amount to KRW 108,325,00. The creditor E and F: the debtor D Co., Ltd. lent KRW 2 [lease] on May 13, 2016 to the debtor, and the debtor borrowed KRW 50,000,000 to the debtor. On May 13, 2016, Defendant D repaid the principal amount to KRW 50,50,000 on May 13, 201, hereinafter “F50,000 on May 3, 209”).

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