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(영문) 서울서부지방법원 2018.09.06 2018가합1070

대여금

Text

1. The Defendant’s KRW 1,080,000,000 and the Plaintiff’s annual rate of KRW 5% from February 17, 2014 to June 2, 2018.

Reasons

Facts of recognition

The plaintiff is the representative director of C.

The defendant is a representative director of D Limited Liability Company (hereinafter referred to as D).

On December 24, 2007, the Plaintiff, including a monetary loan agreement between the Plaintiff and Defendant D, lent KRW 500 million to D (the repayment date: interest rate on March 24, 2008; interest rate on modern securities security loan): The Defendant guaranteed the Plaintiff’s debt on the same day.

On January 31, 2008, the Plaintiff lent KRW 500 million to D and the Defendant (the repayment date: February 4, 2008).

D and the defendant paid KRW 220 million to the plaintiff on February 4, 2008.

On February 11, 2008, the Plaintiff lent KRW 300 million to D and the Defendant (the repayment date: February 18, 2008).

Around April 2008, the Defendant prepared and delivered a cash storage certificate and a written confirmation to the effect that “D borrowed KRW 1 billion, but defaulted, and the Defendant promised to return KRW 300 million on April 30, 2009, KRW 300 million on December 31, 2009, KRW 480 million on April 30, 201, and KRW 480 million on April 30, 201.”

On February 17, 2014, the defendant prepared and delivered to the plaintiff a written confirmation containing the following contents:

(hereinafter referred to as the “instant confirmation”). 6. The Defendant, no later than December 30, 2016, repaid to the Plaintiff the principal amount of KRW 1 billion and the interest calculated separately from the date of conclusion of the contract (the interest rate of KRW 50 billion from the date of conclusion of the contract shall be added, unless there is any interest agreement).

7. The amount and timing set forth in Article 6 shall not be contested, regardless of any reasons;

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 6 (including additional numbers; hereinafter the same shall apply), each statement of the whole pleadings, and the cause of the claim as to the cause of the entire pleadings, are obvious as of December 30, 2016, which is the final due date for payment specified in the instant confirmation document. Thus, the defendant raised objection from February 17, 2014, on which the confirmation of this case was issued and delivered to the plaintiff according to the instant confirmation document.