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(영문) 울산지방법원 2019.05.15 2018가합21452
대여금
Text

1. Defendant C shall pay to the Plaintiff 350,000,000 won and 24% per annum from January 20, 2018 to the day of full payment.

Reasons

1. Basic facts

A. Defendant C is a person who has been operating Defendant B, and the Plaintiff was working as a director of Defendant B, and the Plaintiff entered into a multiple monetary transaction relationship, such as lending of corporate operating funds, from around 2015 to the Defendants, the Plaintiff, and the principal.

B. On the other hand, the Plaintiff, D, and the Defendants drafted the following borrowings over four occasions:

(A) The date of concluding a loan certificate (No. 1, 2, 3, and 4 of this case). The debtor on March 22, 2017: D loan money: The period of borrowing KRW 200,000 (20,000): The interest rate on March 22, 2017 or March 22, 2018: The creditor shall terminate the establishment of a mortgage on the real estate provided as security immediately when the debtor pays the above amount.

On May 18, 2017, the date of concluding a loan certificate (the second loan certificate): The debtor C, the creditor: The loan period of KRW 100,000 (100,000): May 18, 2017 to May 17, 2018: 2% shall be paid by the 17th day of each month.

(Termination of the Contract and Refund of Principal and Interest at the time of the arrears of two months: In the event of the arrears of the loan, all the products created in the Dispute Resolution CommitteeB may be disposed of voluntarily by the creditor, and the secured articles shall be sold.

On May 18, 2017: The period of borrowing KRW 50 million (50,00,000) in the amount of borrowing KRW 50 million (50,000): The interest rate from May 18, 2017 to May 17, 2018: 2% shall be paid by the 17th day of each month.

(Termination of the Contract and Refund of Principal and Interest at the time of the arrears of two months: In the event of the arrears of the loan, all the products created in the Dispute Resolution CommitteeB may be disposed of voluntarily by the creditor, and the secured articles shall be sold.

On December 26, 2017, the date of concluding a loan certificate (4 loan certificate): A debtor: The loan period of KRW 5 million (5,000,000): from December 30, 2017 to January 8, 2018; the remainder of the borrowed amount borrowed for any other purpose; KRW 618,984,959; KRW 350,000,000 borrowed for any other purpose.

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