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(영문) 대구지방법원상주지원 2020.10.27 2020가단741
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 100 million and 5% per annum from December 29, 2019 to October 27, 2020.

Reasons

1. Facts of recognition;

A. On March 30, 2018, D agreed to make an investment of KRW 200 million with Defendant Company, and Defendant Company received KRW 200 million as a check on April 2, 2018.

D On April 5, 2019, on the part of the Plaintiff, transferred the claim for return of the investment deposit and the claim for the profits therefrom to the Plaintiff, and E and F jointly and severally guaranteed this.

D on April 9, 2019, notified the Defendant Company of the transfer.

On July 12, 2019, “Defendant B Partnership (hereinafter “Defendant Company”), E, and F jointly and severally paid to the Plaintiff 20 million won per annum from April 11, 2019 to June 27, 2019, and 12% per annum from the following day to the date of full payment” was finalized.

(hereinafter “this case’s acquisition”). (b)

On September 5, 2019, the Defendant Company prepared a loan certificate with the amount of KRW 100 million and the due date for payment as of December 28, 2019, and Defendant C jointly and severally guaranteed by Defendant C.

(hereinafter “instant loan”). On September 6, 2019, the Plaintiff paid KRW 75 million to the Defendant Company.

The Defendant Company issued, September 3, 2019, G Co., Ltd., on August 21, 2019, an electronic bill, the face value of which was KRW 100 million issued by G, and the due date of which was December 28, 2019, to secure the Plaintiff’s obligation to borrow the instant loan.

Defendant C jointly and severally guaranteed the Defendant C’s obligation to pay bills.

C. The Defendant Company repaid to the Plaintiff KRW 5 million on November 25, 2019, KRW 5 million on December 11, 2019, KRW 50 million on February 12, 2020, KRW 50 million on February 12, 2020, KRW 70 million on March 20, 2020, and KRW 10 million on March 20, 202.

(hereinafter referred to as “instant payment”). 【No dispute exists concerning the instant payment” (which is the ground for recognition), A1 through 11, B 1, B 2, the purport of the entire pleadings.

2. The Plaintiff, claiming, prepared the instant loan certificate with the sum of KRW 75 million paid to the Defendant Company, and KRW 6.8 million, interest accrued until September 5, 2019, and KRW 15 million, and KRW 3.2 million at the discount of notes, out of the remainder, and the sum of KRW 15 million at the discount of notes, and the instant loan repayment shall be repaid for the instant loan repayment obligation.

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