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(영문) 대구지방법원포항지원 2017.05.11 2016가단149

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 200,000,000 and each year from January 20, 2012 to May 11, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff, while running a scrap metal business with her husband, began monetary transactions from March 5, 2009 as part of the supply of scrap metal from Defendant B.

B. From March 5, 2009 to July 6, 2009, the Plaintiff paid a total of KRW 147 million to Defendant B, and Defendant B used KRW 100 million out of the said money as a fund to acquire D Co., Ltd.

C. From March 13, 2011 to July 8, 2011, Defendant B supplied the Plaintiff with scrap metal equivalent to KRW 67,974,400,00. Meanwhile, the Plaintiff paid KRW 12,500,000 from March 17, 201 to July 15, 2011 to Defendant B’s account.

The Plaintiff and Defendant B agreed to settle the above monetary transactions, and Defendant B borrowed KRW 200 million to the Plaintiff on January 19, 2012.

A. The Defendant B prepared and delivered a cash custody certificate (A) to the effect that “The Plaintiff will pay KRW 200 million to the Plaintiff at the maturity of February 1, 2013 and at the rate of 0.8% of interest,” and Defendant C signed the said loan certificate as a joint guarantor.

[Ground of recognition] Facts without dispute, Gap evidence 1 (written evidence, Gap evidence 8, witness Eul's testimony is acknowledged as the authenticity of the whole document), Gap evidence 2 through 5, 8, 9, and 16, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable for the performance of obligations arising from the settlement of the financial transaction with the Plaintiff. Accordingly, the Defendants shall pay to the Plaintiff KRW 20 million and the interest or delay damages calculated at the rate of 9.6% per annum, which is the agreed interest rate from January 20, 2012 to May 11, 2017, which is the date of this judgment, (i.e., 0. 0.8% x 12 months), and the interest or delay damages calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day