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Reasons
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(영문) 서울북부지방법원 2015.05.14 2014가합5269
대여금
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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 139,450,00 and the interest thereon from April 19, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff’s investment 1) paid to Defendant B the total amount of KRW 10 million on February 27, 2009, KRW 18 million on March 2, 2009, KRW 70 million on July 8, 2009, KRW 98 million on the ground of the Plaintiff’s investment in real estate, and Defendant B paid to Defendant B (hereinafter “D”).

A) On July 9, 2009, the Plaintiff paid KRW 4 million, KRW 20 million on July 13, 2009, KRW 20 million on July 16, 2009, KRW 20 million on July 16, 2009, KRW 49 million on July 30, 2009, and KRW 50 million on July 20, 2009. (2) On August 20, 2009, the Plaintiff was issued by Defendant B a promissory note with a face value of KRW 150 million on January 31, 2010 (including an intermediate interest and KRW 8 million on investment).

B. The Plaintiff partially repaid and agreed on January 15, 2010 from Defendant B; KRW 20 million from D’s director E; KRW 6 million on December 2, 2009; KRW 15 million on December 5, 2009; KRW 27 million on December 15, 2009; KRW 20 million on December 31, 2009; KRW 27 million on December 31, 2009; KRW 15 million on April 16, 2010; KRW 15 million from Defendant C, the mother of Defendant B; KRW 37 million on June 23, 2010; and KRW 15 million from Defendant C (the Defendant’s wife’s wife’s wife’s wife); and the Plaintiff received each of the repayment from Defendant C (the total amount of KRW 37 million on June 21, 2010).

Around August 14, 2011, the Plaintiff agreed between the Plaintiff and the Defendants to withdraw a complaint filed by the Defendants, instead of paying KRW 150 million (60 million from September 201 to February 2012) on September 15, 201, with Defendant B and joint guarantor as Defendant C, with the remaining principal amount of KRW 150 million (the amount of KRW 30.7 million paid to Defendant C shall be appropriated for interest on the investment) and KRW 4 million.

Accordingly, Defendant C, etc. paid KRW 4 million to the Plaintiff on the same day, and the Plaintiff withdrawn the complaint against the Defendants, etc.

3 Defendant C paid a total of KRW 11,550,00 to the Plaintiff after the said agreement, but did not pay the said amount after March 2014.

C. The plaintiff.

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