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(영문) 광주지방법원목포지원 2020.01.08 2019가단51230
대여금
Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 100,000,00 and the interest thereon from September 20, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On April 18, 2018, the Defendant requested the Plaintiff to lend KRW 100 million to the Plaintiff as business funds. On the same day, the Plaintiff transferred KRW 5 million to the Defendant on the same day, and on April 20, 2018, issued KRW 50,000, KRW 10,000, KRW 40, KRW 10,000, KRW 5,000, and KRW 5,000, respectively, to D, the Defendant’s representative director.

Of the above KRW 95 million, KRW 75 million was deposited into the defendant's account on the same day.

B. Meanwhile, on April 19, 2018, the Defendant and C made the Plaintiff a creditor, and the date of preparation is April 19, 2018, and the Defendant and C as a joint guarantor C prepared and issued the following loan loan certificate (hereinafter “the loan certificate of this case”) to the Plaintiff.

The debtor shall borrow the above amount of the borrowed money certificate from the debtor without any framework and shall enter into an agreement as follows:

The principal of Article 1 shall be repaid by June 19, 2018.

The interest under Article 2 shall be determined at 24% per annum and paid in addition to the address of the creditors every month.

Even if the interest has been paid at once Article 3, or when the debtor has received provisional attachment or seizure due to other debts, he/she shall lose the benefit of the time and shall not raise an objection even if he/she has filed a claim for the principal and interest at once.

C. On August 21, 2018, the Plaintiff and the Defendant stated that “from August 21, 2018, three copies per month shall be paid” at the bottom of the instant loan certificate, and the Plaintiff and the Defendant’s representative director D signed and sealed each of them.

On August 21, 2018, the plaintiff and the defendant are "a written agreement (hereinafter referred to as "the agreement") which contains the following:

was drawn up.

The Defendant borrowed KRW 100 million from the Plaintiff on April 19, 2018. However, the said obligee and the said obligor agree on the method of repayment as follows.

- - Sound

1. In the event that the above obligor pays to the Plaintiff the debt principal of KRW 100 million on the loan certificate drawn up by April 19, 2018, and the said obligor’s repayment of the said principal to the Plaintiff, the obligee.

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