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(영문) 서울동부지방법원 2016.08.25 2015가단19965
대여금
Text

1. Defendant C shall pay to the Plaintiff KRW 72,00,000 and 24% per annum from May 21, 2005 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was introduced by Defendant B, who was engaged in planning of performance by Defendant C, and was asked by Defendant B to lend money necessary for performing the public performance fund.

B. On March 30, 2005, the Plaintiff lent 22 million won to Defendant B as interest rate of 2% per month (hereinafter “non-party 1 loan”), and on the same day from the above Defendant, the Plaintiff promised to borrow 22 million won as the above loan deposit for D U.S. compound, and to repay 22 million won to A on April 13, 2005. In the event of the violation of the above matters, the Plaintiff was drafted and issued a loan certificate stating that “I will transfer the right to purchase to D U.S. performance to A with the right to purchase.”

C. On April 21, 2005, the Plaintiff additionally lent KRW 20 million to Defendant B (hereinafter “Nonindicted 2”).

On the same day, the Plaintiff was issued and delivered with respect to the above loans from the above Defendant “I, on May 6, 2005, borrow the above loan amounting to KRW 20 million to A and promise to repay on May 6, 2005. In the event of violation of the above, the civil and criminal responsibilities are the above principal, as well as the sale price to E (Ulsan, Sugwon) that I proceed and manufacture.”

Although the date of the repayment agreement for Nonparty 1 and 2 loans was both the date of the loan repayment agreement, the Plaintiff urged the above Defendant to pay the loan, and the Defendant B requested an additional loan of money with the following purport: “I would like to pay the loan in full within a week if I would like to lend an urgent amount of KRW 72 million.”

On May 20, 2005, the Plaintiff received a joint and several guarantee promise from Defendant C, and lent KRW 72 million to Defendant B (hereinafter “instant loan”) on the condition of interest rate of 2% per month.

Defendant B shall have a certificate of borrowing with respect to the instant loan.

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