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(영문) 부산지방법원 2016.02.16 2015가단67327
대여금
Text

1. The defendant shall pay to the plaintiff KRW 100,000,000 as well as 36% per annum from June 22, 2006 to June 29, 2007.

Reasons

1. Basic facts

A. The Plaintiff’s lending of money to C, etc. 1) The Plaintiff Company D (hereinafter “D”).

(B) On April 17, 2006, the Plaintiff borrowed KRW 1.8 billion on June 16, 2006 and on April 18, 2006, the Plaintiff loaned KRW 1.8 billion in total at the interest rate of KRW 3% (hereinafter “instant loan 1”).

(2) Around September 2006, D transferred the status of the operator of the construction project of the said apartment to C (hereinafter “C”) that the Defendant had been working as the representative director, and C (hereinafter “C”). On October 10, 2006, C, upon the transfer of the said operator’s status, drafted a written confirmation of the succession of the loan amount of KRW 1.8 billion against the Plaintiff, and issued it to the Plaintiff.

3) On January 31, 2007, the Plaintiff determined the due date C on May 31, 2007 and the interest rate of 24% per annum to be KRW 140 million (hereinafter “loan 2”).

, for the same year

2. On 28. 28. 3 months after the date of repayment and 3% per month, each of the loans was lent KRW 550 million (hereinafter “third loan”).

B. On May 25, 2009, the Defendant, who retired from the Defendant’s C representative director, retired from office on May 25, 2009, and the retirement registration was completed on October 13, 201.

C. The Plaintiff’s application for the payment order against C, etc. and the confirmation of the above payment order 1) around 201, the Plaintiff filed with the Busan District Court for the payment order with the Defendant, C, D, and E as the debtor, with the Plaintiff jointly and severally with C and E, with the Plaintiff for the payment of KRW 2.49 billion and its delay damages, D with the Plaintiff for the payment of KRW 2.5 billion out of the above money and its delay damages, jointly and severally with C and E, with the Defendant for the payment order with C and E, and with the Plaintiff for the payment order seeking KRW 140 million and its delay damages.

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