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(영문) 수원지방법원평택지원 2015.11.18 2015가합1248
대여금
Text

1. As to KRW 381,00,000 and KRW 120,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 381,00,000 from December 12, 2014 to September 30, 2015.

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 and evidence 2, with a comprehensive view to the whole purport of the pleadings:

D Co., Ltd. (hereinafter “Plaintiff”) D Co., Ltd. (hereinafter “Plaintiff”) established around October 22, 199 and operated a mechanical equipment construction business, etc., and changed its trade name to B around February 28, 2012. Around July 16, 2015, the trade name was changed to the Plaintiff.

Before November 25, 2003, E Co., Ltd. drafted a loan certificate with the following contents:

To use the above amount as a part of the purchase contract amount of Goyang-si in Gyeonggi-do, the amount of KRW 120,000,000 (Won 120,000,000) will be borrowed and repaid under the following terms and conditions:

- - D - Period of redemption - Date of project financing from the borrowing date - Loan interest rate: Annual interest rate of (24%) calculated from the borrowing date to the repayment date: Defendant representative director of E Co., Ltd. who is joint and several sureties: G Plaintiff

B. Around September 30, 2005, the Defendant prepared and issued to the Plaintiff a written confirmation of the following contents (hereinafter “instant confirmation”).

The borrower: The defendant himself confirms that he will pay 30 million won (Won 30,000,000) in daily installments (Won 30,000,000) from the plaintiff on or before December 31, 2005.

In addition, I will make efforts to repay the full amount of the borrowed amount as soon as possible.

The remaining amount of money (Won 90,000,000) will be repaid within one month from the date on which the contract period for the general sale of the project is terminated.

Confirmation: Defendant

2. Determination:

A. We examine the judgment on the cause of the claim, and the fact that the defendant promised to repay the loan to E Co., Ltd. as the representative director of E Co., Ltd.

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