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(영문) 인천지방법원 부천지원 2018.04.06 2017가합103534
대여금
Text

1. Defendant D:

A. The Plaintiff A’s KRW 200,000,000 and the interest rate of KRW 25% per annum from October 24, 2016 to the date of full payment.

Reasons

1. On March 23, 2016, Plaintiff A’s judgment as to Plaintiff A’s claim: (a) the interest rate of KRW 200 million is 2.5% per annum (30% per annum); and (b) the period of repayment is 200 million on December 31, 2016; (c) there is no dispute between the parties concerned (Article 150(3) and Defendant D is obligated to pay the agreed interest or delay damages at the rate of 25% per annum, which is within the maximum interest rate of the Interest Limitation Act to be sought by Plaintiff A, from October 24, 2016 to the date of full payment after the date of lease (Article 150(3) and (1) of the Civil Procedure Act); and (d) the agreement between Plaintiff A and the date of full payment (30% per annum).

2. Around September 2012, Plaintiff B’s judgment as to Plaintiff B’s claim set and lent KRW 50 million to Defendant D as of September 30, 2013 is without dispute between the parties (Article 150(3) and (1) of the Civil Procedure Act). Defendant D is obligated to pay to Plaintiff B delay damages at the rate of 15% per annum, which is the day following the delivery of a copy of the instant complaint, from October 27, 2017 to the day of full payment.

3. Determination as to Plaintiff C’s claim

A. On March 3, 2016, Plaintiff C asserted that, based on the evidence Nos. 3 (hereinafter “the loan certificate of this case”), the Defendant Company lent KRW 50 million to the Defendant Company as of December 31, 2016 on the basis of the main claim No. 3 (hereinafter “the loan certificate of this case”). Accordingly, the Defendant Company asserted that the loan certificate of this case is merely merely a personal document prepared by Defendant D, the representative director of the Defendant Company, and thus, it is invalid as to the Defendant Company.

In the following circumstances, Gap evidence No. 1-2, Gap evidence No. 2, Eul evidence No. 3, Eul evidence No. 1-1, and Eul evidence No. 2-2, the whole purport of the pleadings, i.e., the loan certificate of this case i., the loan certificate of this case i.e., the loan certificate of this case i., the loan certificate of this case i.e., the borrower 50 million won (one-day loan certificate of this case 50 million won, D, creditors and F, and the E representative Director Do on March 3, 2016.

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