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(영문) 서울중앙지방법원 2018.04.24 2017가합572778
대여금
Text

1. The Plaintiff:

A. The Defendants jointly account for KRW 50,382,192, and KRW 50,000 among them, and Defendant A Co., Ltd.

Reasons

1. Indication of claim;

A. On November 5, 2015, the Plaintiff lent KRW 50,000,00 to Defendant C at a fixed rate of three months and three percent per annum from the date of repayment due, and Defendant B guaranteed the above loan obligations. Defendant A, a corporation, agreed on the repayment of the loan in accordance with the agreement on the allocation of business profits as of August 16, 2016, on the ground that the Defendant A agreed to repay the loan in accordance with the agreement on the distribution of business profits.

B. The Plaintiff set KRW 300,00,000 on December 16, 2015 to Defendant A, and KRW 300,000 on the maturity of January 31, 2016 and the annual interest rate of KRW 3% on a yearly basis; ② on February 2, 2016, the Plaintiff lent KRW 260,000,00 to the due date of repayment of KRW 3% on February 15, 2016, respectively, on the grounds that the Defendant B and C guaranteed each of the above loans obligations on July 18, 2016.

2. Applicable provisions;

A. Article 208(3)2 of the Civil Procedure Act (a) of Defendant A and C

B. Article 208(3)3 of the Civil Procedure Act of Defendant B

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