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(영문) 서울중앙지방법원 2017.06.15 2017가합150
대여금
Text

1. The Defendants jointly committed against the Plaintiff with respect to KRW 270,000,000 and KRW 200,000 among them, from March 29, 2016.

Reasons

(a) under the pretext of October 12, 2007, KRW 200,000,000,000 on October 16, 2007, KRW 16.1 billion on October 16, 2007, and KRW 50,000 on November 19, 2007.

3) Since then, Defendant C did not supply D under the above contract to the Plaintiff. B) The Plaintiff was the Defendant B Co., Ltd. (hereinafter “B”) on June 21, 2012.

2) The loan of KRW 100 million to the Corporation (hereinafter “instant loan”).

(c) The Plaintiff, on March 29, 2016, agreed to lend KRW 270 million to Defendant B, deducting KRW 30 million from the total sum of KRW 200 million and KRW 100 million for the instant loan, which was paid to Defendant C under the instant exclusive contract. The Plaintiff, on March 29, 2016, agreed to lend KRW 270 million from the total sum of KRW 300 million and KRW 100 million for the instant loan. The loan certificate to guarantee this by Defendant C (hereinafter “the instant loan certificate”).

I have drawn up. The principal contents are as follows. The amount set forth above is 0.4% of the monthly interest rate of 0.31 December 2016, 2016, Defendant B, having the said amount as KRW 270,000,000 (270,000,000) in Japan, shall be repaid from the Plaintiff by December 31, 2016.* The loan certificate is a loan certificate extended prior to the extension of the borrowed amount. [The fact that there is no dispute over the basis of recognition, Gap, 1, 2, and 1, as well as Eul evidence, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 270 million and the amount of KRW 200 million paid as the price for the goods under the exclusive contract of this case from the day following each payment day to the day of full payment.

B. In light of the above facts, according to the loan certificate of this case, the defendants are jointly liable for each of the principal debtor and the simple guarantor, and they are jointly liable for each of the total amount of the debt.

As the Plaintiff seeks, KRW 270 million and the Plaintiff sought, Defendant B, the delivery date of a copy of the complaint of this case from March 29, 2016 to January 31, 2017; Defendant C, from March 15, 2017, 5% per annum as stipulated in the Civil Act, respectively.

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