대여금
1. The part of the judgment of the court of first instance against the Defendants regarding the claim for joint and several liability against the Defendants is below.
1. The scope of the judgment of the court in this case claimed ① payment of the loan amount of KRW 270,000,000 and damages for delay thereof against the Defendant B, ② payment of the joint loan amount of KRW 100,000 and damages for delay thereof by the Defendants. The court of first instance rendered a judgment citing the Plaintiff’s claim in full.
As to this, Defendant C appealed against the whole part of the judgment against Defendant C, but Defendant B appealed only to the part of the Plaintiff’s claim as to the part of the judgment against Defendant B, and the trial court decides only to the part of the claim
2. Facts of recognition;
A. Defendant B is the actual operator of D Co., Ltd. (hereinafter “D”) who is engaged in luminous glass manufacturing and wholesale retail business, special sirens and processing business, etc., and Defendant C is the representative director of D.
B. The Plaintiff and D continued to engage in monetary transactions through a bill discount, i.e., payment of the remaining amount calculated by calculating the interest from the Plaintiff’s face value to the maturity of the Promissory Notes acquired by D from around 2004 to the Plaintiff, at the rate of 3% per month to 5% per month.
C. On December 18, 2006, the Plaintiff remitted the total amount of KRW 13 million to F, who is a D employee, KRW 28.16 million to Defendant C on November 12, 2007, KRW 20 million on December 12, 2007, KRW 20 million, and KRW 23.75 million to Defendant C on January 16, 2008, respectively.
As to this, D: ① the face value of KRW 32,00,000, the due date for payment on March 12, 2008; ② the face value of a promissory note with a blank of issue date (value of KRW 22,70,000,000; ② the issue date on December 11, 2007; ③ the due date on December 11, 2007; ③ the face value of KRW 25,00,000; ③ the issue date on January 15, 2008; ② the promissory note with the endorsement of the Defendant D and the Plaintiff on February 16, 208, respectively.
E. On the other hand, on January 14, 2008, the defendants amounted to KRW 100,000 ( KRW 100,000) and the above amount.