대여금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Facts of recognition;
A. The Plaintiff is a company that conducts construction business, etc., and D was solely appointed as the representative director of the Plaintiff on March 18, 2009, and E was employed as an employee of the Plaintiff on around 2013 and became a business related to the Plaintiff’s business.
On March 25, 2016, when having assumed office as a joint representative director of the plaintiff with D on March 25, 2016, he/she resigned from the joint representative director on December 9, 2016, and only D has continued to serve as the representative director of the plaintiff.
B. Around October 2012, the Plaintiff lent KRW 100,000,00 to Defendant B.
Then, on April 17, 2014, the Plaintiff agreed with Defendant B to receive KRW 35,00,000 remaining after outstanding loans (hereinafter “instant loan”) on June 30, 2014. At that time, Defendant B: (a) borrowed KRW 35,000,000 from the Plaintiff on April 17, 2014, and (b) concluded that “The Plaintiff would repay the loan on June 30, 2014” (hereinafter “the instant loan certificate”).
Defendant C, who was on the job, jointly and severally guaranteed Defendant C’s debt of the instant loan, and signed the loan certificate in this case as a joint and several surety.
C. On October 7, 2015, the Plaintiff filed a lawsuit against the Defendants seeking payment of KRW 35,000,000 for the instant loan, and thereafter, E, who represented the Plaintiff, agreed with Defendant B on January 28, 2016, and entered into two copies of the agreement with the same content as the following, and one copy was delivered to the Plaintiff, the remaining one was delivered to Defendant B, and the Plaintiff withdrawn the said lawsuit against the Defendants on the same day.
hereinafter referred to as the "agreement of this case"
(2) Total amount: The first payment amount of KRW 35,00,000: the first payment date of KRW 17,500,000; January 28, 2016: the second payment date of KRW 17,500,000: October 30, 2016; Defendant B shall immediately pay the first amount in cash to the Plaintiff; the Plaintiff shall withdraw the lawsuit on January 29, 2016.
In addition, the second payment promises to pay to the Plaintiff by October 30, 2016 on the designated date.