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(영문) 대전지방법원 천안지원 2017.02.03 2016가합101108
대여금
Text

1. Defendant B, C, and D are jointly and severally and severally liable to the Plaintiff for KRW 98,00,000 and the same from January 22, 2015.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in collecting, screening, crushing, producing, and selling aggregate, earth, sand, and rock, and Defendant C is the representative of Defendant B.

Defendant E (hereinafter “Defendant E”) is a company that runs the business of collecting, transporting, selling, etc. public goods, and Defendant D is the representative director of Defendant E.

B. On January 22, 2015, the Plaintiff: (a) lent KRW 100,000,000 to Defendant B at an interest rate of 2% per month; (b) Defendant B agreed to repay 25,000,000 each time over four occasions on the 21st day of each month; and (c) Defendant B agreed to preferentially pay interest of 2% per month; and (d) specific schedule and amount of repayment of principal as follows.

On January 22, 2015, the first installment interest amounting to KRW 2,00,000 on February 21, 2015: Interest amounting to KRW 26,500,000 on March 21, 2015: Interest amounting to KRW 26,50,000 on March 21, 2015; Interest amounting to KRW 26,00,000 on April 21, 2015; Interest amounting to KRW 5.50,000 on May 21, 2015; Interest amounting to KRW 25,000,000; Defendant C and D provided joint and several surety on the above loan obligation of Defendant B on the same day.

(C) The principal and interest of the loan under the foregoing loan agreement shall be the principal and interest of the loan in this case.

On the same day, the Plaintiff paid KRW 98,00,000,000,000, which deducts prior interest of KRW 2,000,000, to Defendant B pursuant to the above agreement.

On May 1, 2015, the Plaintiff entrusted the Plaintiff with all rights to the sale of sand, etc. produced by Defendant B, and entered into an aggregate sale contract with the content that the tax invoice for the sale of sand, etc. shall be issued in the name of Defendant B (hereinafter “instant aggregate exclusive sale contract”).

E. Defendant E remitted to the Plaintiff KRW 27,50,000 on May 22, 2015, KRW 27,500,000 on May 29, 2015, KRW 27,500,000 on May 29, 2015, and KRW 27,50,000 on June 16, 2015, and KRW 30,000 on September 1, 2015, respectively.

【Defendant B, C: Confession (Article 150(3) of the Civil Procedure Act); Defendant D; and E: Nos. 1, 2, 3, and 6.

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