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(영문) 의정부지방법원고양지원 2015.02.04 2014가합2051
대여금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 455,670,528 and KRW 170,924,018 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a loan agreement with Defendant A as listed in the table 1 below and carried out the loan.

[Attachment 12] On January 20, 2012, January 201, 2012, 2012, 1,150,000 won of the loan principal of KRW 20,000,000 of the loan principal on January 20, 2012, 4.41% (18%) 7.45% (18%) of the interest rate on January 20, 2013 (19%)

B. The Plaintiff received dividends of KRW 988,739,254 on December 27, 2013 in the distribution procedure of the distribution of the auction proceeds of real estate C with Goyang-gu District Court High Court as to the loan claim Nos. 1 of the above Table 1.

C. Defendant B jointly and severally guaranteed the loan debt Nos. 1 2 within the limit of KRW 28,000,000.

The aggregate of loans remaining as of March 11, 2014 is KRW 455,670,528.

(Specific Details are as listed below 2). The sum of KRW 431,303,438,4367,09,090, the sum of KRW 280,000,000,000 interest of KRW 280,379,420,090, and KRW 455,670,528,528 (the aggregate of KRW 431,303,4303,438, 24,367,090) [Attachment 2] / [Attachment 2] / [Attachment 2] / [Ground / [Attachment 31,303,438, 24,367,090]

2. Determination as to the Plaintiff’s claim against Defendant A

A. According to the Plaintiff’s assertion of the cause of the claim against Defendant A, barring any special circumstance, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 18% per annum from March 12, 2014 to the date of full payment with respect to the total of KRW 455,670,528 in total and the principal of the loan ( KRW 170,924,018 in total and KRW 20,000 in total).

B. Defendant A’s assertion as to each of the above loan agreements asserted that each of the above loan agreements is invalid as a false declaration of agreement, since Defendant A borrowed only the name as a formal principal debtor upon request of Defendant D at the time of signing each of the above loan agreements, and the Plaintiff was also aware of this.

The expression of intention is intended in order to establish a false declaration of agreement.

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