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(영문) 광주지방법원목포지원 2015.09.10 2014가합1589
대여금
Text

1. The Defendant: (a) KRW 280 million to the Plaintiff; and (b) KRW 5% per annum from November 8, 2014 to September 10, 2015 to the Plaintiff.

Reasons

1. Basic facts are as follows: (a) the Plaintiff deposited KRW 70 million on January 16, 2014, at the account (credit bank, account number C), KRW 30 million on February 6, 2014, KRW 20 million on February 7, 2014, KRW 30 million on February 10, 2014, KRW 30 million on February 14, 2014, KRW 50 million on February 14, 2014, KRW 40 million on February 16, 2014, KRW 50 million on February 16, 2014, KRW 50 million on February 16, 2014, KRW 500,000 on February 18, 2014, KRW 500,000 on February 24, 2014, KRW 30130,3014, respectively.

(As above, the sum total of 280 million won deposited by the Plaintiff to the Defendant (hereinafter “the instant money”). / [Grounds for recognition] The fact that there is no dispute, each entry in the evidence Nos. 2 and 3 (including each number), and the purport of the whole pleadings.

2. The assertion;

A. The Plaintiff’s assertion 1) around June 2013, upon receiving a request from D at the time of the Defendant’s representative director to lend money to the Defendant, the Plaintiff lent the instant money over several times. (2) The Plaintiff deposited KRW 250 million in the account under the name of the Defendant as of January 16, 2014 to February 24, 2014, as in the foregoing basic facts, and on February 24, 2014, written the following agreements (i.e., the evidence No. 1; hereinafter “instant agreement”).

1.The above loans shall be used only for emergency working capital (payment, financial interest, unpaid expenses, credit purchase-price, taxes, etc.) and shall be promptly repaid by the Company within the time limit for securing its funds.

The repayment of principal shall be made on February 28, 2014 and shall be remitted to the designated account of the creditor.

The interest within the time limit shall be interest-free and shall be 30% per annum, which shall be the statutory interest, and shall be transferred to the designated account of the creditor on the first day of each month.

2. The time to remit a short loan shall, at the request of the debtor, borrow the loan according to the amount.

3. If interest is in arrears at least once, the obligor shall lose the benefit of time, and even if the obligee claims the balance of the principal and interest, he/she shall make payment without any objection;

3. The plaintiff is requested by the defendant.

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