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(영문) 수원지방법원 2013.11.29 2012가합25992
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 171,50,000 and KRW 100,000 among them, from January 9, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, the representative director of the D Co., Ltd. (hereinafter “D”), was introduced from F, a director of the E High School Educational Foundation, to Defendant B of G Co., Ltd. (hereinafter “G”), a company entrusted with the school meal services of E High School (hereinafter “G”), and lent KRW 100 million (hereinafter “instant loan”) on September 8, 2009, setting the monthly interest rate of 3% and the due date of repayment as November 7, 2009.

B. Meanwhile, Defendant B agreed with the Plaintiff on the above lending date, and, if Defendant B fails to repay the instant loan by the maturity date, Defendant B agreed to hand over the right to the school meal service at Ehigh school during the remaining contract period to the Plaintiff, and issued a loan certificate stating the same (hereinafter “instant loan certificate”) to the Plaintiff.

C. When Defendant B was unable to repay the instant loan by the due date, on November 9, 201, Defendant B expressed to the principal of Ehigh School on February 28, 201 that the term of the contract for the entrusted school meal service of G was until February 28, 2010. Accordingly, the principal of E High School notified Defendant B of the termination of the entrusted school meal service contract with G as of November 13, 2009.

As the representative director of D, the Plaintiff entered into a contract between E High School and E High School on November 20, 2009 to entrust the operation of the school meal services at E High School from November 16, 2009 to January 19, 2010.

E. Meanwhile, D entrusted school meal services during the above period, thereby gaining profits of KRW 21 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts of determination as to the cause of claim, Defendant B’s loan of this case KRW 100,000 and its amount are within the agreed rate for 37 months from October 2012, barring special circumstances.

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