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(영문) 광주지방법원 2015.05.29 2013가합10996
대여금 등
Text

1. Defendant C and limited liability companies are jointly and severally developing KRW 85,980,000 to the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of evidence No. 1 as a whole, the Plaintiff, on August 23, 2012, lent KRW 150,000,000 (hereinafter “instant loan”) to Defendant B on November 23, 2012, with the maturity of payment fixed as of November 23, 2012, and the development of the household household industry by Defendant C and limited liability company’s joint and several sureties on the same day.

2. Determination as to the claim against the defendant B

A. According to the above facts, Defendant B is obligated to pay 150,000,000 won of the instant loan and damages for delay to the Plaintiff, barring special circumstances.

B. Defendant B has a defense that all of the instant loans were repaid. In full view of the purport of the entire pleadings as a whole, Defendant B’s assertion, as follows: (a) Nos. 3 and 4 were written; and (b) Gwangju Bank Co., Ltd. and the Bank of Korea Co., Ltd.’s replys pertaining to the order to submit financial transaction information in this Court; and (c) Defendant B’s assertion that Defendant B repaid the Plaintiff KRW 150,520,000 on October 11, 2012; (b) January 7, 2013; (c) KRW 10,000,000 on February 1, 2013; (d) KRW 9,000,000 on April 5, 2013; and (e) KRW 110,000,000 on April 25, 2013; and (e) Defendant B’s defense has merit.

C. The Plaintiff’s assertion 1) The Plaintiff paid or lent money to Defendant B on behalf of the successful bid price, etc. as indicated below, and Defendant B repaid some of the money as indicated below. The Plaintiff, such as the cost of borrowing the items (such as the cost of awarding the principal and interest, etc.) paid an apartment bid price, acquisition tax, registration cost, property tax, interest on apartment loan, etc. to be borne by Defendant B during the period from June 23, 2009 to June 30, 2014.

The sum of the amounts paid from June 23, 2009 to February 20, 2014 was set on January 11, 2011, interest rate of 30% per annum, and date of repayment on April 11, 2011.

93,00,000 8,178,904 100,00,000,000,000 as of July 27, 2011, the date of lending the second loan, which was paid on July 27, 2011, 30% per annum, and the due date.

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