(영문) 광주지방법원 2020.11.24 2019가단22925

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(영문) 광주지방법원 2020.11.24 2019가단22925

대여금

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1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and the period from November 22, 2019 to November 24, 2020.

Reasons

1. On December 30, 2016, the Plaintiff transferred KRW 20,000,000 to Defendant B’s account, and KRW 20,000,000,000 in total, over four occasions on January 2, 2017.

The Plaintiff and the Defendants confirmed that the Plaintiff lent KRW 40,00,000 to B, and (2) concluded a loan certificate to obtain authorization by designing the instant project with respect to the development project for electric source D (hereinafter “instant project”), to repay the principal amount of KRW 40,000,000 upon the fulfillment of the conditions that make it possible to stop the building, and to pay KRW 80,000,000 per 20,000 per each (20,000) upon the completion of the construction of the housing (hereinafter “the instant loan certificate”).

On May 2, 2017, the Plaintiff and the Defendants borrowed KRW 40,000,000 to the Plaintiff as of January 2, 2017. ② The content thereof: (a) written a cash storage certificate (hereinafter “instant cash storage certificate”); (b) the Plaintiff, as the obligee, was the obligor, and the Defendant C, as the surety.

On the back side of the cash custody certificate of this case, the content that repayment on July 3, 2017 and payment of 1% interest shall be made, regardless of the business, and the portion of the investment profits shall be prepared for the investment profits, and if the new pressure damage project becomes null and void at another site, the statement that “an investment is made at another site” shall be written.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 6, 7, 9, 10, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. By January 2, 2017, the Plaintiff asserted that the Plaintiff loaned KRW 40,000,000 to Defendant B at the interest rate of KRW 1% per month. Defendant C jointly and severally guaranteed Defendant B.

Therefore, the defendants are jointly and severally obligated to repay the principal and interest of the loan.

The Defendants agreed to pay 40,000,000 won to July 3, 2017 and pay 1% interest per month.

Therefore, the Defendants are therefore.

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