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(영문) 청주지방법원제천지원 2016.08.26 2016가합21
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 213,366,00 and interest rate of KRW 15% per annum from May 21, 2016 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. (1) From around 2012 to December 2013, 2013, Defendant B purchased the land owned by the Plaintiff and developed it as a site for electric source housing. The fact that Defendant B borrowed the total of KRW 213,36,000 in money by borrowing money from the Plaintiff with construction cost, etc., or by allowing the Plaintiff to repay the Defendant B’s debt on behalf of the Plaintiff, there is no dispute between the Plaintiff and Defendant B.

B. Therefore, Defendant B is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from May 21, 2016 to the date of full payment, which is the following day after the copy of the claim and the ground for the change of claim as of April 22, 2016, which is the day after the last copy of the claim is served on the Plaintiff.

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion 1) Not only signed each loan certificate made between Defendant B and the Plaintiff with Defendant B, but also the Defendants have been engaged in the business of developing the said electric source housing site and constructing housing units. Accordingly, the Defendants’ obligation to the Plaintiff is arising from commercial activities. Accordingly, Defendant C, jointly and severally with Defendant B pursuant to Article 57 of the Commercial Act, together with the amount settled between Defendant B and the Plaintiff and the amount borrowed from each loan certificate, at least KRW 48,532,00 (i.e., the total amount of KRW 43,532,00 based on the loan certificate signed by Defendant C and at least KRW 43,532,00 based on the loan certificate, and the total amount of KRW 5,000,000 based on the loan certificate issued by the Plaintiff was KRW 5,000,000,0000 and KRW 205,000,0000,000,000 per Disposition and KRW 25,2015.

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