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(영문) 서울중앙지방법원 2016.01.22 2014가합52440
약정금
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is all dismissed.

3...

Reasons

1. Basic facts

A. On March 2007, Defendant C introduced Defendant B to the Plaintiff, who is the female students of D and D, the ship owner of the company.

B. On March 29, 2007, the Plaintiff leased KRW 50 million to Defendant B on March 28, 2008, the due date of payment of interest rate of KRW 24% per annum (payment on March 28, 2008), and delayed payment rate of KRW 20% per annum (hereinafter “instant lending”), and Defendant C guaranteed Defendant B’s debt No. 1 of this case on the same day.

C. On April 27, 2007, the Plaintiff: (a) lent KRW 100 million to Defendant B on April 27, 2007; (b) was due on April 26, 2008; (c) interest rate of 18% (payment on April 27; and (d) interest rate of 36% per annum.

(hereinafter referred to as “the instant title B lending”) d.

On May 10, 2007, the Plaintiff lent KRW 90 million to Defendant B (hereinafter “instant lending”), and on February 1, 2008, the Plaintiff loaned KRW 118,000,000 to Defendant B on February 1, 2008. Defendant B paid KRW 118,00,000 in a lump sum on June 30, 2008. Interest rate shall be two copies per month. When Defendant B delays the repayment of principal or interest, a notarial deed was drafted, stating that “D shall pay damages for delay at a rate of 15% per annum to the principal or interest.”

(No. 365), No. 365, 2008, a certificate of law office issued by a notary public.

Defendant B: (1) on April 23, 2007, KRW 1,000 on the Plaintiff’s account; KRW 1,500,00 on April 27, 2007; KRW 1,500 on May 28, 2007; KRW 1,500,00 on May 30, 207; KRW 1,500 on June 25, 2007; KRW 6.08.1,50,00 on June 28, 2008; KRW 1,50,000 on June 28, 2008; KRW 20.0,00 on August 28, 200, KRW 200 on KRW 1,50 on the same day; and KRW 1,50,000 on May 20, 207; and KRW 8,50 on the same day; and

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