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(영문) 광주지방법원해남지원 2014.04.15 2014가단199
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 90,000,000 and the interest rate thereon from December 11, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The construction of Culululty Co., Ltd. was awarded a contract for a “new site-high road construction work” by the Dosan National Land Management Office, and thus subcontracted the harbor work to Defendant B (hereinafter “Defendant Company”) around April 2012.

B. From early September 2012 to May 2013, Defendant Company: (a) leased heavy equipment from 22, including Plaintiff’s husband D, and had D carry out earth and sand transport work; (b) thereby, the Defendant Company caused KRW 91,190,000 to KRW 91,00.

C. While the Defendant Company did not pay the above fee for the use of equipment, the Defendant Company prepared and executed a document of borrowing money (hereinafter “the instant loan certificate”) stating that “90,000,000 won will be repaid by May 20, 2013” on March 1, 2013 to the Plaintiff who represented the said land owner, and Defendant C jointly and severally guaranteed it.

On the other hand, when Defendant Company was unable to pay the above money by May 20, 2013, Defendant Company again agreed to consult with the original office so that KRW 90,000,000 to the Plaintiff’s equipment and soil transport work accounts against the Plaintiff may be deposited to the Plaintiff immediately from the original office at the time of payment of the construction cost, and agreed to approve the full amount by June 30, 2013, which is the date of completion of the construction work.

'' has been re-established with a loan certificate stating the contents, but has not paid the above money up to now.

2. Determination on the cause of the claim

A. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 90,000,000 as well as damages for delay at the rate of 20% per annum from December 11, 2013 to the date of full payment, which is the next day after the original copy of the instant payment order was served on the Defendants, as sought by the Plaintiff.

B. The defendants' assertion and judgment (1) are limited to the loan certificate of this case.

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