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(영문) 부산지방법원서부지원 2019.07.24 2019가단3767
대여금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around December 2005, Defendant B proposed that the Plaintiff be engaged in the business, but the Plaintiff would pay the profits according to the amount of the original delivery at the time of lending money.

B. On December 30, 2005, the Plaintiff accepted the above proposal of Defendant B, and lent KRW 130 million to Defendant B (hereinafter “the instant loan”). The Plaintiff drafted a loan certificate with the following content.

Loan Amount of KRW 130,000,000

1. The loan period shall be six years from December 30, 2005 to December 30, 2011.

3. A (Defendant B) shall calculate the original delivery quantity per unit of the delivery quantity as of the end of each month during the borrowing period for the original products produced in D in return for borrowing the above amount, and shall be paid to A (the Plaintiff) at least 6 million won per month, a maximum of 18 million won per month (600,000 won per month) and shall be paid on the fifth day of the following month.

4. A shall transfer to A all management rights, such as the ECE representative director and F issuer, in violation of the above terms and conditions, and at the same time transfer 50% of the shares of B as of December 30, 2005 to A.

C. Defendant C guaranteed the instant loan obligation. D.

On February 15, 2007, the Plaintiff urged the Plaintiff to pay the proceeds according to the terms of the above loan certificate, and on February 15, 2007, the Plaintiff drafted a “statement of performance of the loan repayment” stating that “The monthly interest rate of KRW 130 million, monthly interest rate of KRW 6 million, monthly interest rate of KRW 10 million as of the last day of each month from April 2007, and shall be repaid in full from November 30, 2007, and the principal shall be repaid in full by November 30, 2007.”

E. After that, Defendant B failed to perform the above “statement of the repayment of the borrowed money,” and on March 28, 2009 upon the Plaintiff’s demand, Defendant B repaid the Plaintiff KRW 176 million with respect to the sum of KRW 2770 million with interest on the borrowed money and KRW 130 million with interest on KRW 16 million with interest on the borrowed money and KRW 16 million with interest on KRW 136 million, until the end of June 2009.

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