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(영문) 서울동부지방법원 2017.08.23 2016가합2114

보증채무금

Text

1. The Plaintiff:

A. Defendant B’s KRW 50,469,863 as well as its annual 5% from May 12, 2016 to August 23, 2017.

Reasons

1. Basic facts

A. The Plaintiff: (a) lent KRW 300,000,000 to D Co., Ltd. (hereinafter “Nonindicted Company”) on a monthly interest rate of 1.5% from March 7, 2013 to March 31, 2015.

The loan certificate of this case

2. The non-party company borrowed KRW 300,00,000 from March 7, 2013 to March 31, 2015, to pay KRW 70,000 to the general team of KRW 70,000,000, to pay KRW 230,000 to the investment team of KRW 230,000,000, and to prepare this loan certificate on March 23, 2016, and to pay the non-party company the responsibility for the repayment, and to draw up this loan certificate.

3.To pay the existing interest by the due date.

Date of Preparation: The debtor on March 23, 2016 (base): the non-party company's general team: B (Signature): C (Signature)

B. Defendant B worked in the general team of the non-party company, and Defendant C served in the investment team respectively. On March 23, 2016, the Defendants and the non-party company drafted and rendered the Plaintiff the instant loan certificate with the following content as to KRW 300,000,000 of the above loan.

C. Meanwhile, on February 1, 2016, Defendant C agreed to pay KRW 230,000,000,000, which was used by the investment team among the above loans of KRW 300,000,00, to the Plaintiff, the accrued interest accrued around that time shall first be paid in three-month installments.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. As to the claim against the defendant B

A. As to the Plaintiff’s obligation to repay the borrowed loan amounting to KRW 70,000,000 and the interest or delay damages thereon, Defendant B claimed that the Plaintiff is liable to pay the Plaintiff the borrowed loan amounting to KRW 70,000,000, as follows.

In other words, Defendant B’s assertion is unreasonable, since it is not recognized that Defendant B was responsible for repayment since it was affixed to the agreement in this case to confirm that Defendant B was responsible for payment of KRW 70,000,000 as general team earnings as a general team staff of Nonparty B’s company.

However, this shall not apply.