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(영문) 대전지방법원 천안지원 2018.07.11 2017가단108024
대여금 등
Text

1. Defendant D Co., Ltd.: (a) with respect to KRW 50,000,000 and its KRW 10,000,000 among the Plaintiff, from March 17, 2015, and KRW 15,000.

Reasons

1. Determination as to the claim against Defendant B

A. In full view of the evidence No. 1, Eul’s evidence No. 1, Eul’s evidence No. 1-2, and witness E’s testimony, the whole purport of the pleadings is as follows: (a) the Plaintiff, upon introduction by E, who is an employee of Defendant B Co., Ltd. (hereinafter “Defendant B”), remitted the total amount of KRW 25,000,000 to Defendant B’s account on October 17, 2014, and the total amount of KRW 15,000,000 on November 21, 2014; and (b) the Defendant B prepared each of the following monetary loan contracts (hereinafter “the first loan contract”) between the Plaintiff and the Plaintiff.

The lender on October 17, 2014 as of the date of the preparation of the loan agreement for consumption: The borrower on March 17, 2015: 10,000 won: Interest on March 17, 2015: 16.8% per annum: The lender on November 21, 2014: the due date for repayment of KRW 15,00,000: Interest on April 21, 2015: (16.8% per annum; (2) According to the facts of recognition under paragraphs (1) and (2), the Plaintiff determined the annual interest rate of KRW 16.8% per annum on October 17, 2014; and (16.8% per annum on November 17, 2014; and (2) interest rate of KRW 10,000 per annum on November 15, 2014; and (3) interest rate of KRW 10,000 per annum.

B) Meanwhile, in full view of the overall purport of evidence No. 2-1, No. 2, and evidence No. 4, Defendant B’s each of the following monetary loan contracts to the Plaintiff at the time of each due date under the loan agreement for consumption Nos. 1 and 2 (hereinafter referred to as “third loan contract for consumption”), and “the fourth loan contract for consumption”.

(b) Defendant D Co., Ltd. (hereinafter referred to as “Defendant D”) which is the borrower under the loan contract for consumption for consumption for Class 3 and 4.

F is a company substantially operated by F, and F also recognizes the fact that the defendant B was substantially operated.

Section 3. Loan Agreement.

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