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Reasons
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(영문) 부산지방법원동부지원 2017.12.08 2016가합103865
대여금
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1. The Plaintiff:

A. Defendant C shall be KRW 380,000,000 and the interest rate of KRW 15% per annum from May 11, 2016 to the date of full payment.

Reasons

1. Basic facts

A. D had a claim for refund of deposit for lease of KRW 960,00,000 (hereinafter “instant claim”) against a corporation, racing and shipbuilding hotel (hereinafter “non-party company”). The Defendants drafted a letter as follows on September 4, 2015.

The following documents shall be paid the above amount jointly with the non-party company until November 30, 2015 as the non-party company transfers the claim of KRW 960,00,000,000 to the transferee A, KRW 240,000,000, and KRW 110,000,000 to E, and KRW 260,00,000 to the non-party company as the non-party company transfers the claim of KRW 960,00,000 to the creditor D, and if the repayment is not made by the above date, the interest shall be paid at a rate of KRW 20% per annum from the date of payment.

Documents: Two joint and several guarantors of a certificate of personal seal impression

1. Category B representative director C of a stock company;

2. C ( Seal imprinting);

B. On September 5, 2015, D transferred KRW 350,000,00 among the instant claims to the Plaintiff, and notified the fact of transferring the claims by content-certified mail to the non-party company on September 14, 2015.

C. On September 7, 2015, Defendant C borrowed KRW 30,000,000 from the Plaintiff and prepared a cash custody certificate to the Plaintiff.

2. According to the above facts of determination as to the cause of the claim, Defendant C is obligated to pay to the Plaintiff the amount of KRW 380,000,000 (the agreed amount of KRW 350,000 borrowed money of KRW 30,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 11, 2016 to the date of full payment, which is the day following the day when the original copy of the instant payment order was served to the Defendant C as requested by the Plaintiff, and Defendant C is jointly and severally and severally with Defendant C to pay the agreed amount of KRW 350,00,000 among the agreed amount and the amount of KRW 350,000,000 from March 16, 2017 to the day of full payment.

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