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(영문) 제주지방법원 2020.06.12 2019가단62767
대여금
Text

1. The Defendants jointly committed against the Plaintiff with regard to KRW 322,246,00 and KRW 315,451,948 among them, from February 2, 2019.

Reasons

1. Basic facts

A. On June 12, 2015, Defendant B prepared and executed the loan certificate with the following content (hereinafter “the loan certificate in this case”) to the Plaintiff, and Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) guaranteed the Plaintiff’s obligation to the Plaintiff.

The name of the certificate of borrowing: B The foregoing agrees to borrow from lives, 12 June 2015, 190,000,000 Won (765,00,000) in connection with the project for the new construction of Down-si Down-si, Seopo-si, and to repay it within April 20, 2016.

In the event of violation of the promise, I will assume any civil or criminal responsibility.

The guarantor on June 12, 2015: the representative director of the Co., Ltd. E shall deposit KRW 1,00,000 in the designated account on April 20, 2016.

The date of final repayment shall be October 20, 2016.

April 21, 2016 B

B. The Plaintiff remitted to Defendant B KRW 30 million on March 13, 2015, and KRW 150 million on June 12, 2015.

C. From May 20, 2016 to February 20, 2017, Defendant B repaid to the Plaintiff KRW 60 million in total, and KRW 40 million on February 1, 2019.

Defendant Company repaid KRW 20 million on September 20, 2017, and KRW 100 million on December 5, 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Nos. 1 and 2 (including each number), the purport of the whole pleading

2. Summary of the parties' assertion

A. The Defendant B agreed to pay KRW 765 million including the profit of KRW 315 million up to April 20, 2016 if it invests KRW 450,000,000,000,000, including the profit of KRW 315,000,000,000, in connection with the Plaintiff’s new construction project of D-based multi-unit housing executed by the Defendant B, and the Defendant Company guaranteed the said obligation and prepared and executed the instant loan certificate by the Defendants.

As Defendant B failed to pay KRW 765 million by April 20, 2016, the repayment date, Defendant B agreed to pay additional damages for delay of KRW 600,000 per month from April 21, 2016 to the return of agreed amount.

Therefore, Defendant B is the Plaintiff.

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