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(영문) 창원지방법원통영지원 2016.06.29 2015가단24767
대여금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 100,000,000 and the Defendants shall be from January 31, 2013 to April 1, 2016.

Reasons

1. Determination as to the cause of claim

A. According to the overall purport of the arguments and arguments, the Plaintiff loaned KRW 100,000,00 to the Defendants on November 16, 2012 as the due date for repayment on January 30, 2013; the Plaintiff determined KRW 70,000,000 to Defendant Co., Ltd. on December 31, 2013 as the due date for repayment on January 15, 2014; the Plaintiff lent KRW 30,000,000 to Defendant Co., Ltd. on July 22, 2013; and the Plaintiff lent KRW 30,000,000 to Defendant C on July 22, 2013 as the due date for repayment on six months from the date of borrowing each is recognized.

B. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 100,000,000 as well as KRW 5% per annum as stipulated by the Civil Act from January 31, 2013 to April 1, 2016, which is the day following the due date for payment, to April 1, 2016, to KRW 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment; ② Defendant B shall be liable to pay the Plaintiff 5% per annum from January 16, 2014 to April 1, 2016; ③ Defendant C shall be liable to pay the Plaintiff KRW 30,000,000 as well as the annual interest rate from the following day to the day of full payment; and ③ from January 16, 2014 to April 16, 2014 to the day of full payment.

2. Judgment on the defendants' assertion

A. While operating D Co., Ltd. (hereinafter “D”), the Plaintiff’s assertion that the Defendants asserted concluded a land purchase service agreement with Defendant C, F, and G in the area E (hereinafter “instant service agreement”) in order to operate an apartment project in the city E zone at the same time.

Defendant C, while taking charge of the purchase of land and the recruitment of apartment members in accordance with the instant service contract, shall later form a regional housing association and, if D is an executor, distribute the profit therefrom, and as the expenses for partnership establishment from the Plaintiff on November 16, 2012.

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