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(영문) 의정부지방법원고양지원 2019.06.13 2018가단72433
대여금
Text

1. The Defendants are jointly and severally liable to pay KRW 116,767,123 and KRW 100,000 among them, from October 30, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On February 2017, the Plaintiff and the Defendants, having the Plaintiff as the obligee and the Defendants as the obligor, drafted a loan certificate containing the following contents:

(hereinafter referred to as “the loan certificate of this case”). The loan: The gold 300,000,000

1. The obligor has borrowed the above amount from the obligee without recourse and has promised to perform the following amount:

Principal Payment Period: Within six months from the date of borrowing or within six months from the date of borrowing;

3. The interest rate for the principal shall be no longer fixed until the principal is repaid.

However, if the principal is delayed on the date of repayment, the debtor should pay the delayed loss at the interest rate of 24% per annum.

4.Each Governor shall conclude a contract with the obligee for the following works on condition that the said money is borrowed from the obligee:

The name of the project: The construction schedule of the construction project at the place of solar energy construction project: the total construction cost of 7,560,000,000 won (electric room, water distribution room, electrical construction: Within eight months from the date of borrowing, and the construction completion date of the construction contract for the construction project within 12 months from the date of completion of the authorization: The same shall apply simultaneously with the completion of the authorization.

5. In the following cases, the benefit of time shall be naturally lost and the remainder shall be immediately paid:

(1) When it fails to obtain authorization or permission for a construction work referred to in paragraph (4) within eight months from the date of borrowing.

7. Effects of loss of benefit of time: (1) The interest rate for arrears shall be 24 per annum.

(2) The starting point shall be retroactive from the borrowing date.

B. The Plaintiff paid KRW 100 million to the Defendant B’s account on February 17, 2017 upon the Defendants’ request for the payment of loans.

C. The Defendants did not obtain authorization or permission on solar energy projects until the date eight months have elapsed since the borrowing date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the plaintiff shall be liable for the payment of KRW 100 million to the defendants.

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