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(영문) 수원지방법원성남지원 2017.11.14 2016가합205522
대여금
Text

1. As to KRW 150,00,00 among the Plaintiff and the aforementioned money, Defendant C’s KRW 169,975,000 and KRW 150,000 from September 20, 2016 to November 14, 2017.

Reasons

1. Basic facts

A. Defendant C and Defendant B jointly operated the E Licensed Real Estate Agent Office in Seongbuk-gu, Sungnam-si from March 2000 to September 10, 2005, and engaged in real estate investment business.

B. On May 14, 2004, the Plaintiff paid 300 million won to the Defendants.

On December 3, 2004, the Defendants paid KRW 150 million to the Plaintiff.

C. On March 4, 2005, the Plaintiff lent KRW 150 million to Defendant C on the condition that the payment period shall be September 4, 2005, the interest rate of KRW 0.5% per month, and the interest rate of KRW 4.5 million shall be deducted.

From August 25, 2006 to September 24, 2014, Defendant B remitted total of 550,4350,000 won (including the above 150,000 won) to the Plaintiff, as stated in the attached remittance statement.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, 3-2, Gap evidence 4-1-4

2. Determination as to the claim against the defendant B

A. On February 2004, the Plaintiff lent 250 million won interest to the Defendants on condition that they would be paid 50 million won. On May 14, 2004, the Plaintiff again lent 300 million won interest to the Defendants on condition that they would be paid 50 million won interest. On December 3, 2004, the Defendant B paid 150 million won interest from 250 million won interest to 1.5 billion won (on February 3, 2004, 1.5 billion won interest from 1.5 billion won and 5 billion won interest from 2.5 billion won, 1.5 billion won interest from 2.5 billion won from 2.5 billion won from 3.5 billion won from 2.5 billion won from 3.5 billion won from 2.5 billion won from 2.5 billion won from 3.5 billion won from 3.5 billion won from 2005, 2005, Defendant B assumed the obligation of Defendant C on March 4, 20006.

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