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(영문) 서울중앙지방법원 2016.09.28 2016가합506927
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 250,000,000 and the interest rate thereon from February 8, 2011 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is the Defendant A (hereinafter “Defendant Company”).

A) On November 20, 2008, the interest rate of KRW 50 million was set at 20% per annum; on October 26, 2009, KRW 150 million was set at an annual interest rate of KRW 36 million; and on October 26, 2009, the Plaintiff and the Defendant Company agreed to pay the Plaintiff the loans and interest not paid by the Defendant Company until February 8, 201 as KRW 250,000,00,000; and on February 8, 2011, the Defendant Company guaranteed the Defendant Company’s debt.

(hereinafter referred to as the “instant agreement”). [Grounds for recognition] / Defendant Company: Confession (Article 150(3) and (1) of the Civil Procedure Act) and Defendant B: The fact that there is no dispute, Gap’s evidence 3 and 4 (including branch numbers), the purport of the entire pleadings.

B. Determination 1) The Defendants are jointly and severally liable to pay to the Plaintiff 2.5 million won and interest calculated at the rate of 30% per annum as the Plaintiff seeks from February 8, 2011 to the date of full payment. Defendant B asserts that the Defendant Company did not borrow money from the Plaintiff, but the Defendant Company agreed to proceed with joint business between the Defendant Company and the Plaintiff and distribute profits, and that it actually distributed part of the profits to the Plaintiff several times.

However, there is no evidence to prove this, and the defendant B's assertion is not accepted.

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition with the assent of all participating Justices.

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