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Reasons
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(영문) 수원지방법원평택지원 2019.11.14 2019가합11960
대여금
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1. The Defendant shall pay to the Plaintiff KRW 384,383,561 as well as KRW 300,00,000 from September 5, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 31, 2017, the Defendant and Nonparty C Co., Ltd. (hereinafter “C”) prepared a written statement of performance for the existing loan amounting to KRW 500 million (hereinafter “instant loan”) and delivered it to the Plaintiff.

Part of the above notes shall be as follows:

1. The details of obligations: 1300,000,000,000 on the date of the repayment of obligations as the separate amount of obligations; 210,000,000 on April 30, 2017, monthly 22, January 23, 2017; and 310,000,000,000 on April 30, 2017, April 22, 2017; and

4. The debt repayment method 1) Of the above debt amounts, 100,000,000 won and interest rate shall be payable on October 31, 2017. 2) The remainder of 400,000,000 won shall be paid in installments.

Payment of KRW 100,00,000 and interest on November 30, 2017

(b) payment of KRW 100,000,000 and interest on December 31, 2017;

(c) payment of 100,000,000 won and interest on January 31, 2018;

(d) Obligor who pays interest amounting to KRW 100,000,000 on February 28, 2018: Defendant;

B. On October 31, 2017, the Plaintiff received the above KRW 100,000,000 and interest.

C. The Plaintiff received KRW 100,000,000 from the Defendant and C on September 4, 2018, and appropriated it for the principal of the instant loan.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion C and the Defendant are obliged to pay the Plaintiff the principal of KRW 100,00,000 on September 4, 2018, when the loan of this case 400,000,000 and interest thereon were not paid. The Defendant is obliged to pay the Plaintiff the remainder of the principal of KRW 300,000,000, plus the interest of KRW 121,512,328,000 calculated at the rate of 36% per annum from November 1, 2017 to September 4, 2018, plus the interest of KRW 121,512,328 and the principal of KRW 300,00,000.

3. According to the above facts of recognition, unless there are special circumstances, the defendant is a joint and several surety for the debt of the loan in the letter of performance of this case, and the principal amount of which is 300,000,000 won, and the unpaid interest and the principal.

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