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(영문) 광주지방법원 2015.10.21 2015가단31372

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from June 13, 2015 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are presumed as follows: (a) on February 5, 2014, the Plaintiff lent KRW 50 million to Defendant B at interest rate of KRW 1 million (24% per annum); (b) the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) guaranteed the Plaintiff’s above loan obligation on the same day; (c) the Plaintiff notified the Defendants of the payment of the above loan several times to the Plaintiff; (d) there is no dispute between the Plaintiff and the Defendant; and (e) there is no dispute between the Plaintiff and the Defendant Co., Ltd. on the grounds that the Plaintiff and the Defendant signed and sealed the document as the representative director at the time, and the authenticity of the entire document is presumed to have been established. Although Defendant Co., Ltd was merely a formal representative director at the time of registration as the representative director at the time of the Defendant Co., Ltd., but the document was forged because there was no substantial power of representation on the Defendant Co., Ltd., Ltd., as long as it was registered as the representative of the Defendant Co., Ltd., Ltd., Ltd.; (b)

B. However, the Plaintiff notified the Defendants of the payment of the above loan, and applied for the instant payment order after a considerable period of time, and the maturity period for the above loan claim arrived.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay damages for delay at the rate of 20% per annum for the Plaintiff within the scope of the above agreement from June 13, 2015 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order, sought by the Plaintiff, as the date when the above loan amount was paid to KRW 50 million and the due date of repayment.

2. Judgment on the defense of the defendant company

A. The defendant company is above.