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(영문) 서울남부지방법원 2019.04.23 2018가합108569
약정금
Text

1. Defendant C shall pay to the Plaintiff KRW 650,00,000 and the interest rate of KRW 15% per annum from January 8, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On November 1, 2013, the Plaintiff deposited KRW 400 million in the agricultural cooperative account in the name of Defendant C, including KRW 50 million on December 2, 2013, KRW 30 million on December 31, 2013, KRW 10 million on December 31, 2013, and KRW 400 million on March 28, 2014.

B. Defendant C, the representative of the Plaintiff and the Defendant Company, was an internal director of the Defendant Company until December 30, 2014.

As of December 7, 2013, the following terms and conditions were drawn up between the two parties, and the following terms and conditions were as follows; “Borrower” had the seal imprint affixed to Defendant C, and the following terms and conditions are attached thereto:

The following Parties enter into a business and loan agreement on December 7, 2013, as follows:

The borrower: The lender of B representative director C of the agricultural company: the lender of B representative director C of the agricultural company: the borrower requests the lender to provide a loan to the extent that the total amount of principal does not exceed 300 million won, and the lender will provide a loan requested by the borrower under the conditions as provided in this Agreement, and the joint and several suretys of the corporation are to provide the borrower with a joint and several liability to the lender for all obligations that the borrower owes to the lender.

Accordingly, the borrower, lender, joint guarantor and joint guarantor enter into the following arrangements:

Article 1 (Definitions)

7. The term “loan agreement amount” means KRW 300 million which the lender has agreed to lend to the borrower;

Section 3 (Withdrawal of Loans) The borrower who has withdrawn the loan under Section 1 may request the loan after this Agreement has been concluded, and the lender shall transfer the amount requested to the account designated by the borrower on the date of withdrawal, on condition that the conditions set forth in Section 2 of this Article are met, to the account designated by the borrower on the date of withdrawal, the loan takes place, and the borrower shall pay the amount in question.

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