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(영문) 창원지방법원마산지원 2016.07.20 2016가단101238
대여금
Text

1. Defendant A Co., Ltd and B shall jointly and severally serve as KRW 100,000,000 for the Plaintiff and as from October 16, 2015 to November 10, 2015.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd (hereinafter “Defendant A”) issued a one copy of an electronic bill (hereinafter “instant 1 electronic bill”) dated November 10, 2015, the face value of which is KRW 100 million, and the due date, and received endorsement from Nonparty A Co., Ltd. (hereinafter “instant 1 electronic bill”) and received discount from the Plaintiff.

B. Upon the refusal of payment of the electronic bill of this case, Defendant A appears to have written agreement on October 16, 2015 to repay KRW 100 million to the Plaintiff by November 10, 2015 (No. 1-1 of the Certificate A) and each clerical error in “(No. 40,000,000 (No. 10, 2015)” as stated in Section 1-2 of the Certificate 1-2 or the total amount of face value of the ordinary comprehensive construction bill, in light of KRW 629,00,000 (No. 50,000, Nov. 10, 2015).

(C) The Defendant B agreed to pay 2% interest per month until repayment, and 3% interest per month after November 10, 2015, respectively, and jointly and severally guaranteed the above agreed amount obligations. The Defendant A’s payment of KRW 40 million per face value, and 1 copy of the electronic bill as of October 16, 2015 (hereinafter “instant 2 electronic bill”).

Defendant C Co., Ltd. (hereinafter “Defendant C”) by issuing them

(D) After receiving endorsement from the Plaintiff, the Plaintiff received discount from the Plaintiff. Upon the refusal of payment of the electronic bill of this case, Defendant A agreed to repay KRW 40 million to the Plaintiff on October 16, 2015, and agreed to pay the Plaintiff the interest of KRW 2% per month until repayment is made, and the interest of KRW 3% per month after November 10, 2015. Defendant B, who is the endorser of the electronic bill of this case, agreed to repay KRW 40 million until repayment by October 15, 2015, and agreed to pay the Plaintiff the interest of KRW 2% per month until repayment. Defendant C, who is the endorser of the electronic bill of this case, agreed to pay the Plaintiff the joint and several liability of KRW 30,000 as of October 15, 2015, and agreed to pay the interest of KRW 30% per month until repayment by October 15, 2015.

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