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(영문) 수원지방법원 2017.01.13 2016가합79317
대여금
Text

1. The Defendants jointly share KRW 130,000,000 with the Plaintiff as well as 6% per annum from September 28, 2016 to January 13, 2017.

Reasons

1. Facts of recognition;

A. On June 4, 2015, the Plaintiff entered into a public relations service agreement with (tentative name) a regional housing association (hereinafter “instant association”) organized to carry out a new apartment construction project (hereinafter “instant project”) in the Gyeonggi-si, Gyeonggi-do, the Korea Urban Development Project Association (hereinafter “instant association”) and Defendant A Co., Ltd. (hereinafter “Defendant Company”), an agent of the instant project established to promote the instant project, exclusively recruit members of the instant project.

B. When concluding the above public relations agency service contract, the Plaintiff entered into a contract for a loan for consumption of money (hereinafter “the loan contract of this case”) with the instant association under the following terms, and Defendant B and Nonparty E, the representative director of the Defendant Company and the Defendant Company, jointly and severally guaranteed the above loan contract.

The total amount of loan: The fixed loan period of KRW 300,000 per day (30,000): The payment account by the period under paragraph (2) of the tentative term D Regional Housing Association's contract for public relations activities for the members of the association (F) and the special terms of the contract: Interest rate-free interest, overdue interest, and the date of application of overdue interest rate of the first financing right (National Bank) designated by the association of this case: The date of repayment of principal at the time of repayment of principal: The payment of principal shall be made on June 4, 2015 under the special terms of the contract for public relations activities for the recruitment of members of the association of this case (150,000,000 won) (150,000,000 won) at the time of June 4, 2015 (15,000,000 won) at the time of 20% of the recruitment of members of the association of this case under paragraph (2).

C. On June 4, 2015, the Plaintiff transferred KRW 130,000,00 to the national bank account of the Defendant Company, which is the payment account designated in the instant loan agreement.

The project of this case does not proceed at present due to the problem of approval for use of the site.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and Gap evidence 3-3 and 4.

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