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(영문) 수원지방법원 2016.12.14 2015가단55539
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 75,00,000, and as to the Defendant B from February 6, 2006 to February 6, 2006.

Reasons

1. On October 28, 2005, the defendants agreed to pay to the plaintiff KRW 75 million by the date of February 5, 2006.

2. The allegations by the parties and the judgment of this court

A. According to the above facts of recognition, the Defendants are jointly and severally obligated to pay to the Plaintiff the agreed amount of KRW 75 million and the damages for delay at each rate of KRW 15% per annum prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 6, 2006 to November 23, 2015 for Defendant B, the delivery date of a copy of the complaint in this case, and from November 24, 2015 for Defendant C, 5% per annum prescribed in each Civil Act until November 24, 2015, and from the following day to the date of full payment.

B. The defendants, on July 15, 2003, established a dispute resolution committee and registered Defendant C as representative director. The defendant B and the plaintiff jointly invested in the amount of KRW 25 million on October 27, 2005 and agreed to divide the amount of KRW 150 million into half-yearly in the case of the plaintiff, but the above conditional agreement on the condition that the return of investment should be made. However, there is no evidence to acknowledge the above assertion by the defendants, although the above conditional agreement on the condition that the return of investment should be made is not made, it is not effective as the fulfillment of conditions.

The above assertion by the Defendants is without merit.

3. The plaintiff's claim is justified.

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