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(영문) 광주지방법원 2019.04.03 2018가단12792

대여금

Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 10,00,000, out of the above amount.

Reasons

Basic Facts

A. From January 29, 2018 to April 3, 2018, the Plaintiff lent a total of KRW 28,300,000 to the Defendant B as indicated in the following table.

Serial 1 2018-01-29 7,60,000 2018-02-02202-01 2018-01 2018-02-1300,000 4 2018-024 1,000,000 5 2018-03-13 200,000 6 200 6 2018-03-16,0000 5,000, 2000 7 2018-03-224,000, 2000 8-03-224,000, 2018-030, 20030-50, 20030-130,008;

C. From April 20, 2018, Defendant C drafted a letter of payment stating that up to May 20, 2018, Defendant C paid KRW 10,000,000 out of Defendant B’s debt owed to the Plaintiff to the Plaintiff.

[Reasons] Facts without dispute, Gap evidence Nos. 1 and 4 (including a branch number that has a branch number) and the purport of the whole argument as to the plaintiff's assertion of the purport of the whole argument shall be paid KRW 31,700,000 in cash to the defendant Eul and lent KRW 31,700,000 in cash (i.e., cash transfer of KRW 28,300,000 in cash). The plaintiff received a total of KRW 2,50,000 in loan repayment from the defendant Eul.

In addition, from April 2, 2018 to April 17, 2018, the Plaintiff worked in the call tex site acquired by Defendant B and disbursed KRW 8,881,630 as facility cost or operating expense. Of Defendant B’s revenue, the Plaintiff received KRW 530,00 as loan repayment.

Therefore, Defendant B is obligated to pay the Plaintiff KRW 37,801,630 (= KRW 31,700,000 – KRW 2,250,000 – KRW 530,000) for the remaining loans and office management expenses.

Defendant C jointly and severally guaranteed KRW 10,000,000 among the above loans of Defendant C.

Therefore, Defendant B is obligated to pay the Plaintiff KRW 37,801,650, and Defendant C is jointly and severally liable with Defendant B to pay KRW 10,000,000 out of the above amount.

The fact that the Plaintiff loaned a total of KRW 28,300,000 to Defendant B during the period from January 29, 2018 to April 3, 2018 as to the ground for the Plaintiff’s claim for the determination of the Plaintiff’s loan claim against Defendant B.