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(영문) 수원지방법원 평택지원 2018.10.16 2017가단2231
약정금
Text

1. The Defendant is jointly and severally with C and D to KRW 53,391,042 and KRW 21,119,789 among them, respectively, from September 5, 2018.

Reasons

1. The Plaintiff’s assertion at the Defendant’s request, received a loan from the Defendant, and lent KRW 40,500,00 to the Defendant, C, and D (hereinafter “Defendant, etc.”). The Defendant, etc. agreed to pay the above loan and the interest to be borne by the Plaintiff. The sum of said money is KRW 71,182,587.

At the Defendant’s request, the Defendant is obligated to pay KRW 4,387,80,00, including taxes, insurance premiums, etc. on vehicles purchased in the name of the Plaintiff, basic fees for Handphones opened at the Defendant’s request, and the expenses for filing an application for provisional attachment and the expenses for filing an accusation, which the Defendant et al. failed to pay to the Plaintiff.

Therefore, the Plaintiff sought payment of the total amount of KRW 75,570,380 and the amount calculated by the ratio of 15% per annum to the Defendant, etc.

2. Facts of recognition;

A. The Defendant received a loan from the Plaintiff, Inc., Ltd., and paid 10% interest on the loan to the Defendant, and paid 1,400,000 won as interest on the loan to the Defendant. On December 14, 2015, the Plaintiff deducted 3,000,000 won from each of the 3,000,000,000,000 won, and 3,000,000,000,000 won from the liven on December 15, 2015, and paid 14,00,000,000 won as interest on the loan, and paid 12,60,000 won as interest on the loan to the Defendant.

In addition, on January 14, 2016, the Plaintiff borrowed KRW 3,000,000 from Egyth Capital to the Defendant under the aforementioned conditions.

B. On January 11, 2016, the Defendant: (a) purchased a vehicle in the name of the Plaintiff in the name of the Plaintiff; (b) borrowed KRW 17,500,000 from Hyundai Capital Co., Ltd.; and (c) purchased the said vehicle in the name of the Plaintiff in the name of the Plaintiff and delivered it to the Defendant.

(c).

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