logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.09.24 2018가단33945
대여금 청구의 소
Text

1. As to Defendant B, C, and D’s joint and several costs of KRW 78,207,207 and KRW 48,207,207 among them, Defendant B, and D’s joint and several costs shall be from May 15, 2018.

Reasons

1. Basic facts

A. On February 7, 2014, the Plaintiff loaned KRW 100,000,000 to Defendant C, D, and (100,000,000 per annum 2,000,000 per annum (a agreed interest rate of KRW 2,40,000 per annum) to Defendant C, D, and the Plaintiff paid KRW 98,00,000 per annum (a agreed interest rate of KRW 2,00,000 per annum). ② On April 30, 2014, the Plaintiff loaned KRW 4,00,000 per month as agreed upon by the agreement and paid KRW 19,60,00 per annum (a agreed interest rate of KRW 2,00,00 per annum) to Defendant C, D, and (b) on January 7, 2015, the Plaintiff loaned KRW 500,000 per annum (a agreed interest rate of KRW 2,20,000 per annum).

Defendant C and D jointly and severally liable each of the above loans.

B. In order to secure each of the above loans, the establishment registration was completed on January 27, 2014 with respect to the building of Yang-gun, Yangcheon-gun, Gangwon-do, 500 square meters for gas stations, 373 square meters for H gas stations, 127 square meters for gas stations, and 127 square meters for I, and the building of gas stations on the ground of the said three lots of land, which was completed on January 27, 2014, the Chuncheon District Court No. 766, 225,000,000 won for maximum debt amount, and the Plaintiff of the

C. On January 6, 2014, Defendant C, D, and B issued and delivered to the Plaintiff a promissory note with the issuer’s three Defendants, and the Plaintiff’s Plaintiff, at the face value of KRW 225,00,000,00, and the due date on December 6, 2014. Accordingly, Defendant C, D, and B jointly and severally guaranteed the future obligations owed to the Plaintiff by Defendant C and D.

As the Plaintiff was not repaid each of the above loans, on December 20, 2016, the Plaintiff filed an application for voluntary auction with the Chuncheon District Court J on each of the above real estate owned by F, and received dividends of KRW 121,772,793 on May 14, 2018, which was the date of distribution of the said auction case.

[Ground of recognition] between the plaintiff and the defendant B: Article 150 of the Civil Procedure Act: There is no dispute between the plaintiff and the other defendants; each of the entries in Gap evidence Nos. 1-4, 6, 9, 10 (including all of the serial numbers); the purport of the whole pleadings

2. The part of the claim against the defendant B, C, and D

A. The credit service provider is a credit service provider of the relevant legal doctrine.

arrow