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(영문) 서울동부지방법원 2017.05.31 2016가단18518
약정금
Text

1. The Defendants are 150 million won per annum for each Plaintiff and 15% per annum for each Plaintiff from May 20, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 6, 7, 9, 10, 12, and 13, it can be acknowledged that the Plaintiff, at the request of E on October 24, 2012, operated by Defendant B Co., Ltd. (Representative C), lent KRW 400 million to the said company as Defendant C with the interest rate of KRW 30% (annual interest rate of KRW 39%) on October 24, 2013, and the guarantor as of October 24, 2013. On the same day, Defendant B, C, and Non-Party C jointly issued promissory notes amounting to face value of KRW 600 million to the Plaintiff (receiving).

B. On March 22, 2013, the Plaintiff received reimbursement of KRW 280 million out of the loan 400 million.

On the other hand, comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 4 and 13, the plaintiff agreed with Eul Co., Ltd. (the representative director is changed to defendant D) on the same day as KRW 150 million and added defendant D as the debtor.

C. Ultimately, the Defendants are obligated to pay each of the Plaintiff the amount of KRW 150 million and damages for delay calculated at the rate of 15% per annum from May 20, 2016 to the date of full payment, which is the day following the final delivery of the original copy of the instant payment order to the Defendants, as sought by the Plaintiff.

2. Judgment on the defense

A. Defendant C, as well as the above KRW 280,00,000,000, paid further by Defendant D to the Plaintiff, defense that the balance of the loan is KRW 7.8 million is KRW 7.8 million.

According to the statement Eul evidence No. 4, the fact that defendant D remitted 12.2 million won to the plaintiff on February 7, 2013 is recognized, but there is no evidence to support that the above money was remitted to the repayment of the loan of this case.

(B) The Defendant’s defense is rejected.

B. Defendant D was granted immunity by Seoul Central District Court 2015Da5604 (the list of creditors omitted).

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