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(영문) 서울남부지방법원 2017.09.08 2016가합106910
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 69,229,709 won and 25% per annum from April 6, 2017 to the date of full payment.

Reasons

1. A person who received remittance from a person who received the remittance from the remittance date No. 100,000,000 on March 3, 2015, Defendant Company, on March 13, 2015, Defendant Company, on March 20, 2015, Defendant Company, on September 290, 2015, Plaintiff B, on September 90, 2015, Defendant Company B, on September 90, 2015, and Defendant B, on September 7, 2015, KRW 300,000,000,000.

A. From March 3, 2015 to September 7, 2015, the Plaintiff transferred total of KRW 300 million from its national bank account four times from March 3, 2015 to Defendant B’s account, the representative of the Defendant Company (hereinafter “Defendant Company”).

[Attachment 1] 300 million won remittances

B. On March 6, 2015, the Plaintiff, along with Defendant B, drafted a loan certificate with respect to KRW 100 million from March 3, 2015, to the Plaintiff’s senior mother D, Defendant B, Defendant B, and joint and several sureties, the interest rate of KRW 2.5%, and the due date of reimbursement of KRW 20 million on July 1, 2015; KRW 20 million on November 1, 2015; and KRW 60 million on April 1, 2016.

A person who received remittances from the remittance date or amount of remittance from February 25, 2015, Defendant B, on March 3, 2015, Defendant B, on March 30, 2015, and Defendant C, on April 10, 32015, totaling 49,800,000 Plaintiff Company’s Defendant Co., Ltd.

C. On February 25, 2015, from February 25, 2015 to April 3, 2015, the Plaintiff leased KRW 49.8 million to the Defendants on February 25, 2015, and then remitted KRW 9.8 million after deducting KRW 2 million as expenses.

B transferred to the account of Defendant B and Defendant Company.

[Attachment 2] Details of remittance of KRW 49.8 million

D. Defendant B or Defendant Company: D:

B. Paragraph 2 of paragraph (2) [Attachment 3’s “the date and time of repayment” and “amount of repayment,” as indicated in Table 3, repaid KRW 124,636,00 in total 18 times from March 25, 2015 to August 24, 2016, and repaid to the Plaintiff as follows:

C. 3) b) [Attachment 4] b [Attachment 4] 272,338,216 won in total over 24 times from March 9, 2015 to April 5, 2017, as stated in each “the date and amount of reimbursement”.

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