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(영문) 서울서부지방법원 2014.09.17 2013가단40059

약정금등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 3,00,000 and 5% per annum from August 15, 2012 to September 17, 2014.

Reasons

1. Basic facts

A. Defendant C loaned KRW 300 million to D on February 28, 2012 as a volatilen business start-up loan, and on March 22, 2012, Defendant C drafted a authentic deed of a monetary loan agreement with the purport that “Defendant C shall pay KRW 300 million to D on February 28, 2012, with the maturity of payment of KRW 2.5% on February 28, 2017, and E shall stand a joint and several surety.”

B. On April 18, 2012, the Plaintiff lent D KRW 50 million (2.5% of the monthly interest after two months after repayment period), and additionally lent KRW 20 million on May 7, 2012 as the purchase price for health equipment, and the Plaintiff directly remitted KRW 20 million to the health equipment business entity.

C. D, when the construction was interrupted due to the bad faith of the business entity of the volatile Flag, requested additional payments to Defendant C. As such, Defendant C added additional payments and opened the volatile Flag around June 11, 2012, and operated the business registration name under Defendant C’s mother’s name under Defendant B, the business registration name.

On the other hand, around June 20, 2012, Defendant C drafted a fund investment agreement (hereinafter “instant fund investment agreement”) with the Plaintiff, stating that “Defendant B, the representative of Vitices, out of KRW 750,000,000,000, is to procure KRW 680,000,000 and to invest the remainder of KRW 70,000,000 in Defendant B” (hereinafter “instant fund investment agreement”).

E. Defendant C paid KRW 20 million to the Plaintiff on July 4, 2012.

F. The Defendants transferred the insignia to F on January 16, 2013.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 7, 10, 11, Eul 1-1, 2, Eul 2, Eul 3-1 and 2, witness G testimony and the purport of the whole pleadings

2. Determination on the assumption of an obligation or the claim for agreed amount

A. The plaintiff asserted that the plaintiff lent KRW 70 million to D at the business start-up cost of volatilen, but thereafter, the plaintiff, D, and defendant C agreed to pay the above KRW 70 million to the plaintiff.