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(영문) 창원지방법원 마산지원 2018.05.29 2017가단106315
대여금
Text

1. The Defendant calculated 48,100,000 won with 15% per annum from November 18, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 24, 2017, the Plaintiff and the Defendant concluded an investment contract including the following:

(hereinafter “instant contract”). The Plaintiff was in the state of completing investment pursuant to Article 2 of the instant contract to the Defendant.

Article 2 (Investment Money) The amount invested by the Plaintiff to the Defendant under this contract shall be KRW 38.1 million.

1. 20 million won and interest 2 million won borrowed from C Building Owners (D) - Attachment of a loan certificate

2. Three million won borrowed from G loan with the Plaintiff’s guarantee in the name of the Defendant’s wife E.

3. 3.10,000 won which has been deposited or revoked after obtaining approval at the Plaintiff's store;

4. Article 3 (Methods of Redemption) of the amount of KRW 10 million, which the Plaintiff borrowed 10 million from H as security real estate residing therein.

1. The principal of the invested funds under Article 2 shall be repaid in cash by the following methods:

1) Repayment of Article 2-1: 22 million won, and repayment of Article 2-2 (2) on August 20, 2017: 3 million won: The Defendant directly redeems G Loans and submits evidentiary data: Article 2-3 (3): 3.1 million won; - Repayment of Article 2-4 (4) shall be limited to the date on which the Plaintiff reported the closure of his/her store business; KRW 10 million; and the monthly designated amount shall be deposited in the Plaintiff’s account as a fee, separate from the principal of the investment under paragraph (1) on October 2, 2017.

on September 3, 2017, 200,000 won and interest related to the investment funds, on September 3, 2017, shall be paid by the Defendant to the borrower in respect of Article II, Section 2, 3, and 4, with the exception of Article II, Paragraph 1.

Article 6 (Loss of Maturity)

1. Where the defendant delays the repayment date of the principal of investment under Article 3 for at least seven days, the plaintiff may immediately lose the fixed-term interest and apply for the full repayment of the remaining amount invested.

2. Paragraph (1) shall also apply where the defendant has consecutively failed to pay the investment fees prescribed in Article 3 for two months or violates Article 4;

B. Until now, the Defendant did not pay to the Plaintiff the principal of investment (38.1 million won) and fees (10 million won in total for two months) under the instant contract.

[Reasons for Recognition] Unsatisfy, Gap 1, 2 evidence, and.

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