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(영문) 대전지방법원천안지원 2020.12.11 2020가합11
대여금 등 반환
Text

1. Defendant B, Inc., the Plaintiff

A. From November 1, 2019, KRW 369,54,983 and KRW 329,036,459 among them.

Reasons

1. Claim against Defendant B

A. From January 22, 2018 to January 10, 2019, the Plaintiff claimed KRW 369,54,983, etc. under the Loan Agreement (hereinafter “Defendant B”) lent KRW 2,882,00,000 to the Defendant Company B (hereinafter “Defendant B”) at interest rate of 12% per annum as stated in the separate loan agreement. From March 14, 2018 to March 8, 2019, the Plaintiff paid KRW 2,67,654,097 as a sum of KRW 2,67,654,097 as stated in the separate loan appropriation agreement, and appropriated the principal and interest on the loan as indicated in the separate appropriation for payment.

The principal and interest on loans remaining after October 31, 2019 are KRW 369,54,983 (i.e., principal KRW 329,036,459, interest KRW 40,508,524, and specific details are stated in the details of satisfaction of obligation).

On December 14, 2017, the Plaintiff loaned KRW 30,000,000 to Defendant B for the purpose of incorporation funds.

(1) On February 1, 2018, the Plaintiff claimed KRW 22,256,530, the sum of the rent and the management fee of the Plaintiff and the Plaintiff: (a) on February 1, 2018, the deposit of KRW 10,000,000, the rent of KRW 1,000,000 (excluding value-added tax; hereinafter the same shall apply); and (b) on February 1, 2018 through January 31, 2020, the Plaintiff transferred the said real estate to the Defendant B on February 1, 2018.

Defendant B did not pay the sum of KRW 16,00,000 for the rent from February 2018 to May 2019 and KRW 6,256,530 for the month from February 2018 to April 2019, including management expenses and water supply fees, etc.

(Specific details are the same as the details of the attached rent and management expenses). (b)

Confession Judgment (Article 150(1) of the Civil Procedure Act)

2. Claim against Defendant C

A. From January 22, 2018 to January 10, 2019, when the Plaintiff alleged to be the Plaintiff lent KRW 2,882,00,000 to Defendant B as shown in the attached lease details (hereinafter the loan in this case), the Defendant C consented to the provision that “Defendant C shall stand a joint and several surety” in the agreement on each of the above loans (Evidence A; hereinafter the same shall apply) within the meaning of joint and several sureties.

Accordingly, Defendant C is the defendant B.

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