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(영문) 서울서부지방법원 2020.07.15 2020가단217154

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from April 30, 2010 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff loaned KRW 120 million in total to Defendant B Co., Ltd. (hereinafter “Defendant Company”), KRW 30 million on December 29, 2009, KRW 30 million on December 30, 2009, KRW 20 million on January 8, 2010, KRW 18 million on January 12, 2010, KRW 200 million on January 12, 2010, KRW 200 million on January 15, 2010, and KRW 122 million on January 15, 2010.

(hereinafter “instant loan”). (b)

With respect to the instant loan, on March 18, 2010, the Defendant Company agreed to pay the Plaintiff a loan worth KRW 55 million until April 14, 2010, and KRW 55 million until April 29, 2010, KRW 35 million until March 29, 2010, and entered the interest amounting to KRW 5 million at the time of delay as welfare payment.

(hereinafter collectively referred to as “instant reimbursement agreement”) C.

Defendant C and D jointly and severally guaranteed the instant repayment agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. On the basis of the instant repayment agreement, the Plaintiff asserted that: (a) the Defendant Company repaid KRW 39.5 million to the Plaintiff; (b) the Plaintiff requested the Plaintiff to sell the sales to E and paid the sales commission; but (c) the nine of the sales stores was terminated; and (d) the termination loss amount of KRW 91,427,998 was set off.

B. The Defendant Company did not dispute the Plaintiff between January 4, 2010 and February 14, 2018 (200,000,000 won on January 4, 2010; 200,000 won on January 15, 2010; 200,000 won on January 23, 2010; 1.5 million won on February 23, 2010; 200,00 won on March 18, 2010; 1.0 million won on January 18, 2012; and 2.6 million won on January 26, 2017; and 2.1 million won on February 14, 2018).

However, the instant repayment agreement was concluded 2010

3. 6.5 million won, previously repaid before March 18, 201, appears to be appropriated to the interest accrued on the instant loan, and on March 18, 2010.