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(영문) 서울동부지방법원 2015.01.21 2013가합107742
대여금
Text

1. The Plaintiff:

A. Defendant C shall pay a full amount of KRW 152,00,000 and KRW 150,000 among them, from June 1, 2004.

Reasons

1. Following the premise facts can be acknowledged by comprehensively considering the overall purport of Gap evidence 1-1-2, Gap evidence 2-3, Gap evidence 6-1-2, and the whole purport of the arguments and arguments between the plaintiff and the defendant Eul. The defendant C is deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act between the plaintiff and the defendant C.

On July 10, 2001, the Plaintiff lent KRW 100,000,00 to Defendant B. On December 18, 2001, Defendant B and D made a joint signature on a written contract stating that “The Plaintiff entrusted Defendant B with the investment amount of KRW 100,000,000 to Defendant B (which was July 10, 2001 shall substitute the above investment amount) and Defendant B shall manage the said investment amount from December 10, 2001 to June 10, 202, and shall pay the Plaintiff the principal and KRW 17% per annum to the Plaintiff at the end of the investment period.”

On May 16, 2002, Defendant B and D prepared and delivered to the Plaintiff a joint signature a contract stating that “the Plaintiff entrusted Defendant B with KRW 50,000,000 as an investment deposit, and Defendant B shall manage the said investment deposit from May 16, 2002 to November 16, 2002, and pay the Plaintiff the principal amount and KRW 16% per annum to the Plaintiff at the end of the investment period.”

The Plaintiff paid KRW 50,000,000 to Defendant B around that time.

On June 10, 2002, the Plaintiff, on December 18, 2001, decided to re-investment KRW 100,000,000 to Defendant B. The Defendants, on June 10, 2002, prepared and delivered to the Plaintiff a written contract under which “the Plaintiff entrusted Defendant B with KRW 100,000,000 as investment money, and Defendant B shall manage the said investment money from June 10, 2002 to December 10, 202, and pay the Plaintiff the principal and KRW 17% per annum to the Plaintiff at the end of the investment period.”

The defendants paid KRW 150,000,000 to the plaintiff on June 10, 2003 in installments with respect to the plaintiff's existing investment amounting to KRW 150,000,000,000 until the end of December 2003, and the above amount shall be repaid to the plaintiff by dividing it into KRW 50,000,000 by the end of March 2004, and KRW 50,000,000 until the end of June 2004.

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