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(영문) 서울남부지방법원 2018.05.01 2017가합113069

대여금

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 270,000,000 and the interest rate thereon from September 27, 2017 to the day of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff lent KRW 50 million to the Defendants on July 21, 2016, and the Defendants did not pay KRW 270 million. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff a loan of KRW 270 million and delay damages.

B. Defendant B (hereinafter “Defendant B”)’s assertion by the Defendants merely borrowed KRW 50 million from the Plaintiff on July 21, 2016 and repaid KRW 230 million. Defendant C and D are irrelevant to Defendant B’s obligation to the Plaintiff.

2. Determination as to the cause of action

A. Defendant B borrowed KRW 500 million from the Plaintiff on July 21, 2016, and the payment of KRW 230 million to the present date is without dispute between the parties. Defendant B is obligated to pay damages for delay at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 27, 2017 to the date of full payment, as sought by the Plaintiff, after the service of the original copy of the instant payment order, to the date of full payment.

B. According to the evidence Nos. 1 and 4 of the judgment as to the claims against Defendant C and D, the fact that, on July 21, 2016, the Plaintiff stated “Defendant B (corporate seal)” at the bottom of the receipt (hereinafter “instant receipt”) that the Plaintiff received KRW 500 million from the Plaintiff, and stated “Representative C” and “former D’s seal” as “the Plaintiff’s representative C” and “former D’s seal,” and that, on August 31, 2017, the remaining principal amount of the loan and KRW 100 million as agreed to pay to the Plaintiff by August 31, 2017 (hereinafter “instant agreement”).

However, the evidence mentioned above can be acknowledged by comprehensively taking account of the descriptions of Gap evidence Nos. 2, 3, and Eul evidence No. 2 and the purport of the whole pleadings.