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(영문) 부산지방법원동부지원 2015.01.09 2014가합870
대여금
Text

1. As to the Plaintiff KRW 800,000,000 and KRW 500,000 among them, the Defendant shall pay to the Plaintiff KRW 20,000,000 from September 29, 201.

Reasons

1. Basic facts

A. The Defendant is the representative of “B” organized to run the 4 mobile communications business (hereinafter “instant business”) with the permission of the Korea Communications Commission under the Telecommunications Business Act, and the Plaintiff paid the Defendant the sum of KRW 800 million (hereinafter “the instant amount”), which is KRW 50 million on September 29, 201, KRW 200 million on December 30, 201, and KRW 100 million on March 9, 2012, to the Defendant in relation to the instant business.

B. (1) The Plaintiff received, respectively, the interest rate of KRW 4% per annum (6% per annum), the money borrowed as stated on December 31, 2011 when paying KRW 500 million from the Defendant, and the money borrowed as stated on December 31, 201, ② the interest rate of KRW 4% per annum, the money borrowed as stated on June 30, 201 when paying KRW 200 million on December 30, 201, ③ the interest rate of KRW 4% per annum, the money borrowed as stated on March 9, 2012 when paying KRW 100 million per annum, and the money borrowed as stated on September 10, 2012.

(2) The debtor’s name column of each of the above monetary loan certificates (hereinafter “instant monetary loan certificates”) is written as “B Representative A.”.

C. (1) Around September 23, 2011, the Defendant sent to the Plaintiff an investment commitment to the instant project and the instant consortium participation agreement by e-mail. The main contents are as follows.

Investment Declarations

1. We agree that this Agreement shall be bound by all the terms and conditions of the consortium participation agreement attached to this Agreement (hereinafter referred to as the “Agreement”) and shall participate in the consortiums established pursuant to this Agreement (hereinafter referred to as the “Agreement”).

2. We undertake to make an investment in addition to this consortium participation agreement as follows:

-investment targets: To carry out the Project if the consortium obtains a license for a key telecommunications business operator.

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