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(영문) 서울북부지방법원 2020.06.24 2018가단24551
대여금반환 등
Text

1. As to Defendant C Co., Ltd and D’s joint and several liability for KRW 96,00,000 and KRW 40,000,000 among them, Defendant C Co., Ltd. and D’s joint and several liability for the Plaintiff on June 1, 2016.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to the evidence No. 1-1 of the loans claimed against Defendant C and D, Defendant C and D may recognize the fact that, on March 29, 2016, Defendant C and D drafted and issued to the Plaintiff a loan certificate stating that “The amount of KRW 40,00,000 from the Plaintiff shall be KRW 40,000 from the Plaintiff on May 30, 2016, and interest rate of KRW 20% per annum, but the interest shall be paid from June 1, 2016, and Defendant D shall be a joint and several surety.”

According to the above, Defendant C and D are jointly and severally liable to pay to the Plaintiff the interest calculated at the rate of 15% per annum to the Plaintiff within the limit of 20% per annum per annum from June 1, 2016, which is the date of payment of interest, to the Plaintiff, and from June 1, 2016, which is the date of payment of interest, the duplicate of the complaint of this case, to the Defendants, and from January 3, 2019, Defendant C and D, up to May 25, 2019, with each agreement interest rate of 20% per annum from the next day to the date of payment.

Comprehensively taking account of the purport of evidence No. 2-1 of the investment deposit No. 2-1, the Plaintiff invested KRW 60,000,000 to Defendant C on December 6, 2016, and entered into the instant agreement with the return date on May 30, 2017, which requires that the investment profit shall be settled at 25% per annum, and at the time, Defendant D’s joint and several guarantee is recognized.

According to the above, Defendant C and D are jointly and severally obligated to pay to the Plaintiff KRW 56,00,000,000 for the Plaintiff’s 60,000,000 as well as the interest calculated by the rate of 15% per annum per annum, which is the rate from the date of investment to December 6, 2016, for Defendant C, on which the duplicate of the complaint of this case was served on the Defendants, and until May 25, 2019, for Defendant C and D, respectively, with the interest rate of KRW 25% per annum from the following day to the date of full payment.

As to this, Defendant C and D did not invest KRW 22,00,000,000, out of the investment amount of KRW 60,000 under the instant agreement, and thus, the instant agreement is null and void.

The plaintiff in his house, as the plaintiff in his house.

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