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(영문) 서울중앙지방법원 2015.08.20 2015가단22210

각서금

Text

1. Defendant A shall pay 30,000,000 won to the Plaintiff and 20% per annum from June 19, 2015 to the day of full payment.

Reasons

1. Claim against the defendant A;

A. In full view of the purport of the entire pleadings, Defendant A prepared on April 22, 2013 a certificate of borrowing KRW 30,000,000 from the Plaintiff, and on November 10, 2014, Defendant A prepared a letter of commitment to repay KRW 30,000,000 from the Plaintiff by November 28, 2014.

B. In light of the above facts, it is reasonable to view that Defendant A borrowed KRW 30,000,000 from the Plaintiff.

C. Therefore, Defendant A is obligated to pay to the Plaintiff the amount of KRW 30,000,00 and damages for delay calculated at the rate of 20% per annum from June 19, 2015 to the date of full payment, which is clear as the day after the delivery of a copy of the instant complaint, as sought by the Plaintiff.

2. Claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).

A. The Plaintiff asserted that he lent KRW 30,000,000 to Defendant A and Defendant Company, and the Defendant Company sought dismissal of the Plaintiff’s claim on the ground that it was aware of the loan.

B. The evidence No. 1 (Evidence) states that the representative of the Defendant Company A borrowed money at the cost of operating the business, and the name of the borrower is also indicated as the representative A of the Defendant Company, but the seal affixed on the name of the borrower is not the Defendant Company, but the name of the borrower is the Defendant Company, and the resident registration number of the Defendant A is stated in the name of the borrower, and the account number of the Defendant A is indicated.

In addition, the evidence No. 2 (Incompetence) states to the effect that the representative of the Defendant Company A borrowed money at the cost of running the business, but each letter is the defendant A, there is a seal of the defendant A, and the resident registration number and address of the defendant A are stated.

In light of the above facts, it is insufficient to view that the Defendant Company borrowed KRW 30,000,000 from the Plaintiff along with the Defendant Company, solely on the basis of each of the documents set forth in subparagraphs A and 2.