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(영문) 서울중앙지방법원 2012.10.10 2012가합57007
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,900,000 and 6% per annum from September 11, 2010 to August 29, 2012.

Reasons

1. Indication of claim;

A. The Defendants were paid KRW 3.9 billion in total under the pretext of advance payment or loans for the operation of the said business from June 2010 to August 2010, when they actually jointly manage D Co., Ltd. for the export and import and sale of automobiles.

B. On August 24, 2010, Defendant C drafted a transfer termination note stating that “If 3.9 billion won is unable to be repaid by September 10, 2010, Defendant C promises to transfer all vehicles and rights to the Plaintiff.”

C. Until September 10, 2010, the Defendants repaid the Plaintiff the principal amount of KRW 2 billion out of the total amount of the above loans, etc.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 1.9 billion (i.e., the amount of KRW 3.9 billion - KRW 2 billion) from September 11, 2010 to August 29, 2012, which is the day following the due date for payment, 6% per annum under the Commercial Act and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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