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(영문) 대전지방법원 2019.09.11 2018가합104119
대여금
Text

1. The Plaintiff:

A. Defendant B, C, and D are jointly and severally liable for 239,622,436 won and the amount among them.

Reasons

1. Basic facts

A. On April 30, 2014, the Plaintiff: (a) lent KRW 200,000,000 to Defendant C for the purpose of funding related to the construction project (F) executed by the said Defendant, etc.; and (b) on the same day, Defendant B and D guaranteed Defendant C’s obligation to refund the above borrowed amount on the same day.

(2) On May 1, 2014, the Plaintiff agreed to lend KRW 100,000,000 to Defendant C with the name of the purchase fund for the land related to the construction project (Seoul Special Self-Governing City G) executed by the said Defendant, etc. as “one hundred million won per annum (40% per annum) on May 1, 2015, when repayment was made” (hereinafter “Loan Agreement for Consumption as of May 1, 2014”).

On October 15, 2014, the Plaintiff: (a) leased KRW 250,00,000 to Defendant B for the purpose of funding related to the construction business (Gimpo H commercial building) executed by the said Defendant, etc.; (b) determined that the Plaintiff paid KRW 100,000 on October 30, 2015; (c) the interest rate of KRW 100,000,000 on a yearly basis; and (d) on the same day, Defendant C and D guaranteed Defendant B’s obligation to return the borrowed amount.

(D) On April 30, 2015, the Plaintiff entered into a loan agreement with Defendant C for consumption on April 30, 2015, with the total amount of KRW 420,000,000 (one million total of the principal and interest of KRW 300,000,000, interest of KRW 120,000,000, total of the principal and interest of the loan under each loan for consumption as of April 30, 2014, and May 1, 2014 (one hundred and twenty,00,000, total of interest of KRW 20,000,000, which was paid by the said Defendant, as its principal and interest of KRW 120,00,000 (one hundred and thirty percent per annum). The Plaintiff entered into the loan agreement with the said Plaintiff as of April 30, 2016 and changed the loan agreement with the said Plaintiff E-1 and the said Defendant changed the loan agreement with the Plaintiff as of KRW 3151.

The Defendants each of the instant cases with a total of KRW 540,500,000 between September 1, 2015 and December 1, 2017 to the Plaintiff.

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