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(영문) 서울고등법원 2018.06.15 2017나2069220
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established on February 28, 2007 and engaged in system design, development, maintenance, and repair business. 2) The Defendant was established on June 29, 201 by C (AD’s children, the representative director of the Plaintiff), E, and F (the first trade name was changed to B, but on April 9, 2012, changed to B, the first trade name was changed to B) and is running a new construction business of “Itel” (hereinafter “instant business”). The Defendant’s representative director was changed to J on April 9, 2012 in sequence to J on October 16, 2012.

B. On June 20, 2013, the Plaintiff and the Defendant: (a) on June 20, 2013, the Defendant borrowed KRW 770 million from the Plaintiff; (b) on July 31, 2013, KRW 250 million; and (c) on July 31, 2013, the same year.

9. Around 30.30.25 billion won, and on November 29, 11.29 of the same year, a certificate of borrowed money (Evidence A 1-1) stating that each of the repayment of KRW 270 million is to be made, was drawn up, but the above borrowed money was not repaid at the time of each agreed repayment.

2) On December 23, 2013, the Defendant: (a) again, on December 30, 2013, KRW 100 million to the Plaintiff; (b) the remainder of KRW 670 million; and (c) the interest rate of KRW 2,7720,00 per annum 7.2% from July 1, 2013 to December 31, 2013; (c) the aggregate of KRW 697,720,00 (i) the interest rate of KRW 670,720,000,000 (i) the principal amount of KRW 2,770,00,000,000,000,000 won to the Plaintiff at the rate of KRW 30,000,000,000,000,000,000,000 per annum from the end of the instant construction; and (d) the remainder of KRW 1,720,000,00,00.

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