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(영문) 부산지방법원 2016.04.05 2015가단32086
대여금
Text

1. The Plaintiff:

A. Defendant B and C are jointly and severally 40,000,000 won;

B. Defendant D shall be jointly and severally with the above Defendants.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “B”) is a de facto one-person company that, on May 16, 2012, lent the name of the representative director F, manufactures solar power generation vessels, etc. established by Defendant B (hereinafter “B”).

B. On March 20, 2012, the Plaintiff agreed to lend KRW 50 million to Defendant B (user) on the condition of additional payment of KRW 50 million due on June 20, 2012 and interest KRW 50 million. Around that time, the Plaintiff transferred the amount of KRW 50 million to Defendant C’s deposit account in the name of Defendant B, a director of Defendant B.

C. After that, Defendant B failed to repay the above loan, on November 10, 2014, the Plaintiff prepared an agreement on debt repayment with Defendant B (hereinafter “instant agreement”) with the following contents, and the network E and the Defendant C jointly and severally guaranteed the said agreement:

(The deceased E, on behalf of the defendant B, prepared the above written agreement, affixed the seal of the representative director F, and the defendant C affixed the seal of the personal seal, stating that he is the director of the defendant B). 1. The debtor B, on March 20, 2012, determined the amount of KRW 50 million from the creditor A as the interest rate of KRW 50 million on June 20, 2012 during the repayment period, and borrowed it as the business fund, and then on December 31, 2012, he did not pay the principal amount of KRW 10 million and then did not pay the interest of KRW 40 million at present.

2. A debtor B shall pay the principal borrowed in the amount of KRW 40 million and the interest changed under paragraph (3) until June 30, 2015.

3. The obligee A has agreed to receive an interest of KRW 50 million as interest on the said principal, but shall be changed to receive KRW 50 million at the rate of 25% per annum from March 20, 2012 to the date of full payment, the principal is leased.

except that the principal shall be deducted in the amount of KRW 10 million;

4. E is jointly and severally liable with the debtor B for the principal and interest obligation of the debtor set forth in paragraphs 2 and 3.

The network E died on November 27, 2014, and Defendant D, a child of the network E, succeeded to 2/9 shares.

Co-inheritors G, H, and I shall be on January 15, 2015.

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