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(영문) 부산지방법원 2014.07.02 2013가합8604
대여금
Text

1. As to the Plaintiff’s KRW 130,00,000 and KRW 30,000,00 among them, Defendant B shall be from April 18, 2009 to the date of full payment.

Reasons

1. Basic facts

A. On November 11, 2008, the Plaintiff lent KRW 20,000,000 to Defendant B on November 18, 2008 and KRW 10,000,000 on November 18, 2008, with interest rate of KRW 20,000 on November 11, 2008 and one year after the due date. The Defendant C jointly and severally guaranteed the Defendant B’s above loan obligations. (2) On November 18, 2008, the Plaintiff additionally lent KRW 10,000,000 to the Defendant B at interest rate of KRW 2% per month.

3) The Defendants paid to the Plaintiff the sum of KRW 3,00,000 (=( KRW 400,000 x 200,000) x 5 months) agreed upon each of the loans as of November 11, 2008 and November 18, 2008, respectively, for five months. B. From December 2008 to March 2009, additional KRW 10,000,000 as of December 33, 200, and KRW 37,000,000, and KRW 37,000,000,000 on November 29, 2009; and KRW 10,000,000,000 on March 5, 200, 2009; and

Defendant B stated that, in light of the fact that from the preparatory document dated June 12, 2013 to the preparatory document, the loans worth KRW 20 million on November 11, 2008 and the loans worth KRW 10 million on November 18, 2008, Defendant B stated that the entire repayment of KRW 100 million was made pursuant to the agreement on the assignment of claims as of April 15, 2009 under Paragraph (2) below, and that the purpose of the transfer agreement on the assignment of claims is the repayment of KRW 100 million borrowed over four occasions from January 30, 209 to March 19, 209, the loan amount of KRW 100 million on April 10, 200 and KRW 100,000 to the Plaintiff on April 15, 200 and KRW 100,000 to the Plaintiff on the same date as the Plaintiff alleged, Defendant B could be sufficiently recognized that the loan amount of KRW 100,1005,000.

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