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(영문) 의정부지방법원고양지원 2017.07.05 2016가단19940
약정불이행금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 3 million won and 24% per annum from June 27, 2015 to April 26, 2016.

Reasons

1. The Plaintiff is a person who supplied china china with the trade name of "E" in Goyang-si, Goyang-si, and Defendant C was engaged in the wholesale and retail business of fishery products with the trade name of "G" in "G" in Goyang-dong, Goyang-si.

On June 26, 2015, Defendant B received an investment million won from the Plaintiff from the Plaintiff, and promised to return until April 26, 2016, Defendant B made a written confirmation of investment deposit (hereinafter “written confirmation of investment deposit”). Defendant C signed and sealed the written confirmation as a guarantor, and Defendant C made a written statement of payment amounting to three million won (hereinafter “written statement of payment”) on the same day.

The Plaintiff transferred KRW 5 million to the account in the name of Defendant B (IBK Enterprise Bank H) on April 30, 2015, KRW 5 million on June 24, 2015, KRW 5 million on June 26, 2015, KRW 5 million on June 26, 2015, and KRW 5 million on July 22, 2015.

【Ground for Recognition: Each description of Gap evidence Nos. 1 through 4, and the inquiry of the IBK Bank

2. The parties' assertion

A. On June 26, 2015, the Plaintiff’s assertion received a written confirmation of investment amount from the Defendants, and gave three million won to the Defendants. On April 26, 2016, the Plaintiff returned KRW 3 million to the Defendants.

B. The Defendants’ assertion on June 26, 2015, did not receive KRW 3 million from the Plaintiff.

Defendant B is only the nominal lender as the father of Defendant C’s father.

Recognizing the fact that the Plaintiff’s property value, such as business partners of G operated by Defendant C, exceeds six million won, and the Plaintiff would invest six million won, thereby moving the G’s location to Dong-gu I for business operation.

The plaintiff has prepared a certificate of investment deposit and prepared only to make a loan to the other place in which the plaintiff would invest three million won.

3. According to the written confirmation of the investment deposit of this case, Defendant B returned 3 million won to April 26, 2016, and paid 600,000 won per month as interest, and Defendant C signed this as a guarantor.

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