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(영문) 울산지방법원 2015.12.22 2015가단16544

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 150 million from July 18, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s loan 1) The Plaintiff is the Defendant Company B (hereinafter “Defendant Company”).

) On December 14, 2012, KRW 50 million, KRW 70 million on December 29, 2012, KRW 150 million on January 25, 2013, and KRW 159 million on January 25, 2013, Defendant C and D jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff (hereinafter “instant loan”).

(2) On February 25, 2013, Defendant Company repaid KRW 9 million out of the instant loans to the Plaintiff.

3) On February 28, 2013, the Plaintiff and the Defendants determined the interest rate on the instant loans as 2% per month, and drafted a letter of confirmation and understanding for the following contents. The Defendant Company borrowed 150 million won from the Plaintiff on three occasions from December 14, 2012, and promised to pay the above interest rate (2%) on the last day of each month, and the said interest rate shall be determined by mutual agreement thereafter. (b) The Defendant Company paid the Plaintiff interest on the instant loans from February 2013 to April 2015.

2) The Plaintiff requested the Defendants to pay the instant loan on May 2015, which the Defendant Company did not pay interest, but did not consult with the Defendants as to the payment period. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence 1 through 3 (including the attachment of serial number, Eul evidence 1 and 2, and the purport of the entire pleadings.

2. According to the above facts of recognition, the defendant company as the principal debtor, and the remaining Defendants as joint and several sureties are liable to repay the loan of this case to the plaintiff as a joint and several sureties

With regard to whether the time limit for repayment of the loan of this case has arrived, the term "the time for repayment of the above money shall be determined under mutual agreement later" in the statement of confirmation and understanding made between the plaintiff and the defendants.