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(영문) 울산지방법원 2020.02.27 2019가단10520

대여금

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1. Defendant B’s 50,000,000 won and the interest rate of 12% per annum from August 3, 2019 to the date of full payment.

Reasons

【Claims against Defendant B】

1. The indication D and E of the claims provided a total of KRW 100 million on April 21, 2014, each of which was KRW 50 million, set as the due date for payment three months and lent to the Defendant B.

The Plaintiff acquired the claim against the Defendant B from E.

Defendant B prepared, on April 19, 2019, a letter of commitment to pay KRW 50 million to the Plaintiff by June 29, 2019, but did not pay this up to now.

2. Judgment made by deeming confessions: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act / [Claims against Defendant C].

1. The Plaintiff’s assertion D and E leased KRW 100,000,000 to Defendant C on April 21, 2014, each of which was KRW 50,000,000, after the due date for reimbursement of three months.

The Plaintiff acquired E’s shares.

On April 19, 2019, Defendant C prepared a letter of commitment to pay KRW 50 million to the Plaintiff, but did not pay this up to now.

2. According to the evidence Nos. 1 and 2, Defendant B’s investment in KRW 100 million from D and E, and Defendant B’s investment in KRW 50 million from the Plaintiff and D on April 19, 2019. However, Defendant C was invested in KRW 100 million from D and E.

There is no evidence to prove the fact that a written statement of payment was made to the Plaintiff, and otherwise there is no evidence to prove that Defendant C guaranteed the obligation of Defendant B.

3. Conclusion, the Plaintiff’s claim against Defendant C is dismissed as it is without merit. It is so decided as per Disposition.