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(영문) 서울남부지방법원 2015.08.20 2014가합106251
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 593,50,000 and the interest rate thereon from June 24, 2014 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is an operator of electrical construction business, and the name of the Defendant Incorporated Foundation B (hereinafter “Defendant Incorporated Foundation”) is changed from March 6, 2014; hereinafter “Defendant Incorporated Foundation”).

(2) On April 11, 2014, the Defendants, who prepared the instant performance assurance, prepared and delivered two copies of the performance assurance (the borrowed amount of KRW 550 million and borrowed amount of KRW 43.5 million; hereinafter “instant performance assurance”) as follows, to the Plaintiff.

The defendant foundation and C, while promising the plaintiff to perform the obligation definitely, shall prepare a performance undertaking as follows.

Article 1 (Amount of Loan) The obligor has borrowed the following amounts from the obligee and recognizes that the obligor is in arrears with no payment as of the date of the drawing up of this letter of commitment:

1) The unpaid date of KRW 50 million and KRW 43.5 million: April 30, 2009 (the date of reimbursement and interest)

1. The obligee shall, with respect to the arrears of the obligor, have extended the repayment from the date of the drawing up of this undertaking to the date of the next repayment, and shall have the obligation repaid on the date of the postponed repayment including the interest in question.

1) Date of repayment: Interest on September 30, 2014: 12 percent (12%) per annum of the principal; Payment - Interest on the creditor account;

6.1.1. to 1.1.) An obligor under Article 3 (Loss of Maturity) shall lose the benefit of time if the interest is in arrears at any time, and shall pay as overdue interest 20% per annum plus 20% per annum of the total arrears by the date of full payment.

1. 50 million won related to 550 million won, - The provisional seizure against Chungcheongnam-gun E shall be terminated after the completion of the reimbursement.

- The printing cost of 2 million won shall be the 30th of April.

2. 43.5 million won - The construction cost shall be the sum of the cost of repair works for transformation rooms at the F site of the astronomical river and the cost of construction for street lamps 36.5 million won.

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