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(영문) 수원지방법원성남지원 2020.11.26 2019가합411564
대여금
Text

1. The defendant shall pay to the plaintiff KRW 896,170,601 and KRW 416,572,869 from July 1, 2020 to the day of full payment.

Reasons

1. Indication of claims: Each description of the grounds for the claim and the “responding documents” as shown in the attached Form.

The subject-matter of the instant lawsuit consists of (i) interest paid in 297,040,585 (interest paid in 1,150,000,000 on the Plaintiff’s D Organizations) and interest paid in 1,150,000 and interest paid in 2,00,000,000 on the loan (the Defendant’s loan to the Plaintiff) and interest paid in 2,00,000,000 on the loan (2,00,000).

The plaintiff shall state all interest and interest interest in arrears as "interest", but the following interest and interest in arrears shall be denominated as damages for delay.

(See No. 1,150,000,000 won, as stated on October 15, 2020 and as stated on the fourth date for pleading, was comprised of KRW 1,100,000,000, as the Plaintiff borrowed from D organizations on behalf of the Defendant, and KRW 50,000,000, as the first loan.

2. Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice);

3. On August 31, 2013, the Plaintiff partially dismissed: (a) leased KRW 200,000,000 to the Defendant and C at the interest rate of 24% per annum from August 31, 2018 to February 28, 2014 (Evidence A 1 and 2); (b) the Defendant, etc. failed to repay KRW 1,150,000,000.

In addition, the Plaintiff paid interest on KRW 1,150,000,000 that was loaned in the name of the Plaintiff in the form of exchange for the repayment of the Defendant’s D organization loans, but the Defendant did not pay the interest.

Accordingly, on May 29, 2014, the plaintiff and the defendant entered into an agreement with the following contents (hereinafter "the agreement of this case") with regard to each amount that the defendant has failed to repay as above, setting the due date, etc.:

(A) The Plaintiff, “creditors”, “E”, and “E” refer to the Defendant, “Defendant,” and “E” respectively, and the date of borrowing KRW 200,00,000 of the loans under paragraph (1) is August 31, 2013). The Defendant, “A” but the Defendant was unable to pay the money under the said agreement, and the Plaintiff and the Defendant were stipulated in the said agreement on October 25, 2018.

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