대여금반환
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 234,695,890 and KRW 200,000,000 among them.
1. Facts of recognition;
A. Defendant C is a person registered as an internal director of Company D and E, and Defendant C is the husband of the above company as the actual operator of the above company.
B. On November 4, 2013 and November 7, 2011 of the same year, the Plaintiff paid KRW 200,000,000, in total, twice each of the KRW 100,000 to Defendant B.
C. On June 2, 2014, Defendant B prepared a monetary loan certificate (hereinafter “the loan certificate of this case”) stating that “Defendant B borrowed KRW 200,000,000 (hereinafter “the loan of this case”) to the Plaintiff on June 2, 2014 as the same amount as the loan of this case, and repaid the loan of this case to the Plaintiff on July 1, 2014 until July 1, 2014, and if the repayment of the loan of this case is delayed, Defendant B would pay damages for delay at the rate of 24% per annum.” However, the loan certificate of this case was written by Defendant B as the debtor, Defendant C as the joint guarantor, and Defendant C’s personal seal impression was affixed, and Defendant C’s personal seal impression was also attached.
(hereinafter referred to as the “instant loan agreement”). D. The cash loan contract and joint and several guarantee contract based on the loan certificate of this case are as follows.
On the other hand, on January 20, 2016, Defendant B deposited KRW 40,00,000 out of the instant loans under the instant contract with the Seoul Central District Court (Seoul Central District Court Decision 2016No. 430, Jan. 20, 2016) as the principal deposit (hereinafter “instant deposit”), and the Plaintiff expressed its intention of reservation to cover part of the claim, and received the instant deposit money.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the above facts, Defendant B entered into an agreement with the Plaintiff as to KRW 200,000,000 and its payment due date from July 2, 2014 to the day of complete payment, barring any special circumstance.