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(영문) 서울중앙지방법원 2017.10.12 2016가합553268
대여금
Text

1. The defendant shall pay to the plaintiff KRW 460,00,000 and KRW 110,000 among them, from September 13, 2010 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff is a person running an outdoor and exhibition advertising business. The defendant is a company established for the purpose of running real estate sales business, lease business, housing construction business, etc., and its representative director is D.

B. From around 2001, the Defendant promoted the business of constructing and selling multi-family housing in Yongsan-gu and 48 lots of land (hereinafter “instant business”) and conducted financial transactions with the Plaintiff, which is the seat of D in the process.

C. On February 6, 2007, the Defendant issued a promissory note with the face value of KRW 250 million on January 21, 2009, the date of payment, the payee, the Plaintiff, and the date of issuance of the promissory note as of February 6, 2007. On the same day, a notary public prepared a notarial deed No. 1207, No. 2007 (hereinafter “notarial deed of this case”) with respect to the said promissory note, and delivered it to the Plaintiff.

On September 13, 2010, the Defendant entered into an agreement with the Plaintiff and the Defendant to pay KRW 110 million to the Plaintiff at interest rate of 2% per month (hereinafter “the first agreement”) as follows. As a security therefor, the Defendant issued to the Plaintiff a promissory note amounting to KRW 110 million per face value:

The payment certificate 110,00,000 won - 50,000,000 won which was scheduled to be paid on May 30, 2009 - interest 19,00,000 won for business-related teas (cash receipt) - 20,000,000 won for business-related teas (cash receipt) - 6,000,000 won for other related interest, including 6,00,000,000 won for the above contents from September 13, 2010 to the payment date.

September 13, 2010

E. On January 21, 201, the Defendant entered into an agreement with the Plaintiff and the Defendant to pay KRW 350 million to the Plaintiff (hereinafter “the second agreement”) as follows.

The amount of credit is 200 million won by the notarial deed of Promissory Notes in this case.

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