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(영문) 의정부지방법원 2015.05.13 2014가합5439
대여금
Text

1. The Defendants jointly share KRW 130,000,000 with the Plaintiff and KRW 2.1% per annum from December 7, 2012 to May 13, 2015.

Reasons

Basic Facts

On November 26, 2012, the Plaintiff: (a) received a proposal from Defendant B to make an investment in the business to build an urban-type residential housing (hereinafter “instant business”); and (b) concluded an agreement with Defendant B to jointly operate the instant business with the investment deposit amounting to KRW 20 million on the same day; (c) on December 7, 2012, the Plaintiff entered into an agreement with Defendant B to jointly operate the instant business with the investment deposit amounting to KRW 130 million; (d) on December 7, 2013, the repayment date; and (e) on December 7, 2013, the interest rate rate rate for fixed deposits (hereinafter “instant investment agreement”); and (e) the agreement to jointly operate the instant business.

On December 7, 2012, the Plaintiff paid KRW 110 million to Defendant B as investment money for the instant project. Upon Defendant B’s request that additional project costs be needed thereafter, the Plaintiff remitted KRW 10 million to Defendant B on January 4, 2013, and KRW 10 million on January 9, 2013, respectively.

【The Plaintiff’s assertion that there was no dispute, Gap’s evidence Nos. 2, 3, and 4 (if there is a serial number, including branch numbers; hereinafter the same shall apply), and the Plaintiff’s assertion as to the cause of claim as a whole of the pleadings, around May 21, 2013, as a loan from defendant B, the Plaintiff’s investment deposit amounting to KRW 130 million under the Plaintiff’s investment agreement, and the interest thereon was collected every year after December 7, 2012, and the Defendant C guaranteed the above obligation against the Plaintiff on the same day.

Therefore, the Defendants jointly have the obligation to pay the Plaintiff the above loans of KRW 130 million and the interest and damages for delay.

Judgment

around May 21, 2013, Defendant B determined KRW 130 million out of the instant business investment funds, which Defendant B owes the obligation to repay to the Plaintiff pursuant to the instant investment agreement, as the loan funds to Defendant B. The loan date is set as the loan funds to the Plaintiff, and the interest on December 7, 2012, and the interest rate is set at the interest rate per each year.

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