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(영문) 수원지방법원성남지원 2017.11.21 2016가합206471
대여금
Text

1. The Defendants shall be jointly and severally liable:

A. Plaintiff A’s KRW 200,000,000 and its related thereto from September 2, 2016 to November 21, 2017

Reasons

1. Summary of the plaintiffs' assertion

A. On February 18, 2016, Plaintiff A lent KRW 200,000,000 to the Defendants as of September 1, 2016, to the Defendants. As such, the Defendants are obligated to pay the said loans and damages for delay to Plaintiff A.

B. On October 8, 2012, H leased KRW 50,000,00 to Defendant E with the due date set on December 31, 2012, and thereafter transferred the above loan claim to Plaintiff E and notified the Defendant E of the transfer of the claim. As such, Defendant E is obligated to pay the above loan and damages for delay to the Plaintiff.

C. On December 8, 2015, Plaintiff B lent KRW 50,000,00 to the Defendants on December 8, 2015, at the maturity of payment on December 18, 2016 and at the rate of 15% per annum. As such, the Defendants are jointly and severally liable to pay the said loan and its delay damages to Plaintiff B.

2. The judgment of this Court

(a) No. 1. (a);

paragraphs (c) and (c)

1) On February 18, 2016, Plaintiff A prepared a loan certificate (hereinafter “the loan certificate of this case”) with the Defendants on February 18, 2016 as follows.

The amount borrowed: The date of redemption on February 18, 2016: the date of redemption: the date of September 1, 2016: the contents of the loan 1: the contents of the company’s operating fund 2: The Defendants borrowed the above amount from the Plaintiff as the operating fund of the I Corporation Corporation’s Road Business Department.

B) On December 18, 2015, Plaintiff B and the Defendants agreed to lend KRW 50,000,000 between the due date and KRW 15% per annum on December 18, 2016 (hereinafter “instant contract”).

The above contract shall contain the following contents:

Article 5 Loss of Time Limit Interest

1. When the Defendants delayed performance on the repayment date, and there is a request from the Defendants for provisional seizure, seizure, auction, etc., or when the Defendants entered the liquidation, it is objectively apparent that the obligations of the Defendants against the Plaintiff B are impossible to be repaid within the due date.

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