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(영문) 서울서부지방법원 2018.12.21 2018가단201668

기타(금전)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 30,000,000 won and the period from December 4, 2016 to December 26, 2017.

Reasons

1. Basic facts

A. The Plaintiff agreed to provide the Defendants with the loans of KRW 1750,000 on May 15, 2009, KRW 200,000 on July 31, 2009, KRW 300,000,000 on July 31, 2009, KRW 250,000 on October 250, 2009, KRW 400,000 on September 13, 2010, KRW 50,000 on September 20, 200, KRW 60,000 on September 20, 201, and KRW 700,000 on March 9, 201, KRW 200,000 on the loans of this case.

B. D Co., Ltd (the name of Defendant B Co., Ltd. was modified on July 21, 2017; hereinafter the Defendant Co., Ltd) returned 743,955,500 won to the Plaintiff as the principal and interest of the instant loan over 137 occasions from March 31, 2009 to March 19, 2012.

C. On October 27, 2014, the Plaintiff and the Defendants: “Around October 26, 2016, Defendant C signed and sealed Defendant C as the guarantor and settled the instant lending relationship among them on the instant loan certificate stating that “Before October 27, 2014, the Plaintiff and the Defendants would repay the Plaintiff a total of KRW 1,325,000,000 and KRW 1,425,000,000, which remains after the settlement by Defendant Company as of October 27, 2014.”

On the same day, Defendant Co., Ltd prepared a loan certificate and a certificate of joint and several sureties for KRW 1,325,000,000 to the Plaintiff, and Defendant C signed and sealed it as joint and several sureties.

E. On November 11, 2014, Defendant C, the representative director of the Defendant Company, prepared a letter of confirmation to the effect that “the Defendant Company paid KRW 790,653,789 to the interest rate of KRW 1,425,00,00 borrowed from the Plaintiff.”

F. On February 8, 2017, the Plaintiff filed an application with the Defendants for a joint payment order of KRW 1,325,000,000 on a long-term loan certificate of this case against the Defendants under this court’s 2017 tea9404, which became final and conclusive on March 22, 2017 for the Defendant Company and April 12, 2017 for Defendant C.

G. On April 6, 2017, the Defendants shall pay to the Plaintiff the obligation that was finalized by the payment order as above in seven installments as indicated below.