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(영문) 의정부지방법원 2020.01.10 2019가단6676
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 36,00,000 and one day of October 1, 2016 to the day of full payment.

Reasons

On February 3, 2012, the Plaintiff lent KRW 45,00,00 to Defendant C at an annual interest rate of 24%. The Plaintiff loaned KRW 36,00,000 to partnership with Defendant C’s children on June 21, 201, but decided to terminate the above partnership agreement on February 2012, the Plaintiff and the Defendants agreed to terminate the above partnership agreement, and the Defendant B shall return KRW 36,00,000 to the Plaintiff by October 30, 2012; Defendant C shall pay the amount calculated at the rate of KRW 1,00,000 per month until the return; Defendant C shall not be able to jointly and severally guarantee the above settlement amount and operating income obligation; Defendant C shall not be able to dispute over the settlement amount and operating income amount of KRW 36,00,000, KRW 900, KRW 4000, KRW 900, KRW 9000, KRW 4000, KRW 900,000.

According to the above facts, barring any special circumstance, the Defendants are jointly and severally obligated to pay the Plaintiff the operating income amount of KRW 36,000,000,000 and the amount calculated by the ratio of KRW 1,000 per month from October 1, 2016 to the date of full payment, which is the day following the period during which business profits for the above settlement are paid.

As to this, the defendants asserted that they repaid the entire amount of the above settlement and the sales profit, but there is no evidence to acknowledge this.

Therefore, the plaintiff's claim against the defendants shall be accepted for all reasons, and it is so decided as per Disposition.

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