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(영문) 수원지방법원성남지원 2020.09.11 2018가합401317
손해배상(기)
Text

1. Defendant B: (a) paid KRW 518,118,453 to the Plaintiff and KRW 450,416,162 from April 13, 2012 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff was solicited to invest money in the account under Defendant B’s name on December 29, 2010, since there was a method of investment without any principal loss by managing stocks and gifts together with stocks and gifts, and transferred KRW 477,835,997 to the account under Defendant B’s name.

B. On January 20, 201, Defendants B and E, etc., prepared a loan certificate of KRW 668,000,000 (hereinafter “the loan certificate of this case”) with the debtor, D and Defendant B as joint and several sureties, and issued it to the Plaintiff by notarial act.

The main contents of the loan certificate of this case are as follows.

The plaintiff debtor: the representative director of E, the defendant C, the representative director of E, the defendant, : the above amount of KRW 68,000,000, shall be borrowed in full and promised to perform the following provisions.

(Deposit into Defendant B’s bank account on December 29, 2010) The interest rate shall be 30% per annum, and 2.5% per annum shall be paid in 2.5% per annum. The time of payment shall be the first business day of the following month.

b. The repayment of principal is the first business day of January 2012 as the annual contract period, and the contract period is automatically extended unless there is a special request for repayment.

The Plaintiff received a total of KRW 126,900,000 from D and the Defendants from February 1, 201 to April 12, 2012 in accordance with the instant loan certificate as revenue.

The amount of money not paid until April 12, 2012 pursuant to the loan certificate of this case is KRW 450,416,162, interest 67,702,291, total of KRW 518,118,453.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 3 and 5, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the claim against Defendant B, Defendant B, as a joint and several surety for the instant loan certificate, as to KRW 518,118,453 and the principal amount of KRW 450,416,162 of the instant loan certificate as sought by the Plaintiff, as requested by the Plaintiff, as the joint and several surety for the instant loan certificate, from April 13, 2012, following the last interest payment date.

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