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(영문) 서울중앙지방법원 2017.08.09 2016가단95703
대여금
Text

1. Defendant A, C, G, and I jointly and severally with the Plaintiff as to KRW 254,942,237 and KRW 230,398,370 among them. From July 26, 2016.

Reasons

1. Basic facts

A. On September 25, 2015, the Plaintiff entered into two credit transaction agreements with Non-Party Limited Partnership M (hereinafter “M”) as follows, and loaned a total of KRW 240 million to M.

(hereinafter referred to as “instant 1 and 2 loans” as the sequence Nos. 1 and 20.9% per annum 20,000 annual 8.9% per 120,00,000 annual 8.9% per 120,000 or less than 3 months September 25, 2015 (b) and less than 3 months or less than 20.9% per 20.9% per 120,000,000 annual 8.9% per September 25, 2015.

B. M lost profits on March 20, 2016 due to delinquency in interest on the instant loans 1, 2016. As of July 25, 2016, M lost profits on March 20.

C. The Defendants are members of M and their respective types of responsibility, value of investment, and value of performance are as indicated in the following table:

Defendant 1 A’s 120,000,000 5,000,000 2 B general partners 120,000,000 5,000,000,000 3D limited partners 130,000,000 5,000,000 4 E 128,000,0000 20,000 50,000 250,000 250,000,000 20,000 20,000,000 7,000,000 7,000, 007, 007, 007, 100, 008, 100, 1008, 100, 1200, 1208, 100, 1200, 000 limited partners

2. The assertion and judgment

A. Defendant A and B, as a general partner, are liable for the repayment of the Plaintiff’s debt of this case 1 and 2 against the Plaintiff.

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