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(영문) 수원지방법원 2016.06.24 2014나37948
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

1. Basic facts

A. The Plaintiff lent funds necessary for the Defendant’s business several times from December 2008 to August 2010 to the Defendant.

B. In accordance with the above lending of money, the Defendant drafted four of the loan certificates (hereinafter “each of the loan certificates in this case”) to the Plaintiff as follows, and each of the above loan certificates (hereinafter “each of the loan certificates in this case”).

1) Loans with a first loan certificate: 10 million won: The second loan certificate on March 11, 2009: February 11, 2009: interest on KRW 50 million: the first loan certificate on September 30, 201; and

9. Where payment has not been made by 30. By December 31, 2009, two copies of interest shall accrue from the first date ( December 31, 2009).

[] Date: The loan certificate No. 3 of December 31, 2009: 11,617,142 on the date of repayment: February 28, 2011: Interest on the second-class loan certificate: February 4, 2011: 10 million won on the date of repayment: February 28, 201: Interest on the second-class loan certificate: February 28, 201: February 28, 201 on the second-class loan certificate: the date on which the second-class loan certificate was made: February 8, 2011; and on the other hand, the defendant is C Co., Ltd. (hereinafter referred to as "non-party Co., Ltd.") operated by the defendant against the plaintiff on February 7, 2011.

(2) In addition to the loan of this case, the loan amount of KRW 35.1 million and the loan amount of KRW 15 million and the loan amount of KRW 15,000,000,000,000,000,000,000,000,000,000,00

(iii) prepare a note of payment for the aggregate of KRW 50,100,000. [based on recognition] Facts without dispute, Gap 1 to 6 evidence, Eul 1 to 4 evidence (which include a serial number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff loaned KRW 15,847,142 to the Defendant from December 17, 2008 to October 18, 2012. 2) The Plaintiff received reimbursement from the Defendant in total of KRW 5,758,00,000 from June 12, 2009 to November 27, 2012.

3) Therefore, the defendant is obligated to pay the remaining amount of 98,267,142 to the plaintiff. 4)

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