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(영문) 춘천지방법원원주지원 2016.10.04 2015가단37220

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 17,788,021 as well as the interest rate from January 20, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On October 13, 2010, the representative director D of Defendant B Co., Ltd. (hereinafter “Defendant Company”) drafted a written confirmation of the loan amount (No. 1 certificate; hereinafter “instant loan loan certificate”) with the following contents on October 13, 2010, and Defendant C jointly and severally guaranteed the Defendant Company’s obligation to pay the loan amount to the Plaintiff.

The loan borrowed from A shall be confirmed that the sum of the loan (including the loan) in daily gold 15,600,000 won (Won 15,600,000) and the balance of the credit card-use fee (Won 2,188,021) in daily gold 1,000,000 won (Won 2,188,021) and the balance of the credit card-use fee, and the loan shall be agreed to approve as soon as possible by means of repaying a specified amount of the monthly sales at the time of the occurrence of each month.

B. On the same day, the representative director D of the Defendant Company prepared to the Plaintiff a written confirmation of unpaid benefits (No. 2, hereinafter “instant benefit confirmation”) with the following content, and the Defendant C signed and sealed the Defendant Company’s highest management qualification on the following day’s signature and seal:

It is confirmed that the sum of A's unpaid benefits, which it has worked as a regular director in B, shall be the KRW 37,373,400,000,000,000,000 won of the unpaid benefits (Won 37,373,400) and retirement allowances, which is the sum of KRW 9,953,832,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(Provided, That if rent is paid at the time of use of sirens, it shall be settled by deducting the unpaid benefits from the unpaid benefits.

C. Around August 2010, the Plaintiff retired from the Defendant Company.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of the above recognition based on the letter of claim for the loan of this case, barring special circumstances, the Defendants are jointly and severally liable to the Plaintiff according to the certificate of the loan of this case 17,788.