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(영문) 서울동부지방법원 2019.02.20 2018가합107655

대여금

Text

1. The Defendant shall pay KRW 300 million to the Plaintiff the amount of KRW 50 million per annum from December 2, 2009 to February 20, 2019, and from the following day.

Reasons

1. Basic facts

A. The Defendant is a person substantially operating a credit business chain C Co., Ltd. (hereinafter “C”), and the Plaintiff was registered as a nominal representative director as C’s staff.

B. The defendant, upon the plaintiff's introduction, borrowed the total of KRW 170 million from D, which was September 26, 2006, and KRW 70 million on November 16, 2006, and KRW 20 million from E, which was the sum of KRW 150 million on January 9, 2008, and KRW 150 million on July 30, 2008, respectively.

As the Defendant did not repay each of the above loans, the Plaintiff subrogated to D and E for 150 million won on December 1, 2009.

C. Around December 2008, the Plaintiff was endorsed and transferred by endorsement a promissory note with the face value of KRW 630 million issued by H from G’s representative director G, a trader of C, around December 2008.

The above Promissory Notes was fully settled from May 2009 to June 2009, and the Defendant used the said money as C’s operating funds, etc.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, 7, and 8, the purport of the whole pleadings

2. As to the claim for reimbursement of KRW 300 million

A. The Plaintiff acquired the right to indemnity by subrogation for the Defendant’s debt of KRW 300 million against D, etc.

Therefore, the defendant is obligated to pay the above KRW 300 million and damages for delay to the plaintiff.

B. As to this, the Defendant asserts to the effect that the Plaintiff’s assertion is unjustifiable, since the Defendant did not request the Plaintiff to pay the subrogation for D, etc., and ② the Defendant repaid its debts to the Plaintiff.

① However, even if the Defendant did not request the Plaintiff to pay the amount by subrogation as alleged by the Defendant, in light of the fact that the Defendant received a report on the said subrogation from the Plaintiff, and then disposed of the Plaintiff’s assets and caused the payment of the said money, the Defendant shall be liable to compensate for the said subrogated amount.