beta
(영문) 서울중앙지방법원 2017.11.24 2017나16104

보증채무금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 25, 2015, a limited liability company C (hereinafter “foreign company”) received KRW 50 million from the Plaintiff, and drafted an investment agreement with the following contents (hereinafter “instant investment agreement”), and the Defendant signed the joint and several guarantee column of the instant investment agreement.

A (hereinafter referred to as "A") of the Investment Agreement (hereinafter referred to as "A") shall conclude the following investment arrangements for a limited company C Representative E (hereinafter referred to as "B"):

- The following - Article 1 (Investment of Funds) “A” shall, at the time of the conclusion of this contract, invest in “B” in the amount of KRW 50 million (hereinafter referred to as “this amount”).

Article 2 (Period of Agreement)

1.The duration of the Arrangement for the Investment Fund shall be the month from the date on which the “A” deposits the investment fund into the account of “B”.

2. “B” shall reimburse “A” for the terms of the agreement under paragraph 1, the terms “B” and the rate of return under Article 3.

Article 3 (Return on Return) The return on investment in this case shall be 8% per month.

Investment from June 25, 2015 to July 24, 2015 short-term one month

B. On September 9, 2015, the Plaintiff paid KRW 100 million to the non-party company. On the same day, the non-party company and the representative director E of the non-party company prepared a letter of payment (hereinafter “instant letter of payment”) as follows, and the Defendant affixed the letter of payment to the joint and several surety column of the instant letter of payment.

The payment note: 10 million won E and the C representative director E and the limited liability company E agree to receive and pay the above amount.

1. Investor: A;

2. Return on investment: 6% per month;

3. Repayment period: September 24, 2015 (The repayment amount: 16 million won).

4. Uses: The fact that the F Prize does not dispute any operational expenses [based on recognition], entries in Gap evidence 1-1 through 4, and purport of the whole pleadings;

2. The parties' assertion

A. On June 25, 2015, the Plaintiff: (a) determined the maturity date of KRW 50 million on July 24, 2015 and KRW 8% on an earning rate; (b) determined the KRW 100 million on September 9, 2015 as the due date of repayment of KRW 6% on September 24, 2015 and lent each of them to Nonparty Company; and (c) determined the said KRW 15% on September 24, 2015 as the return rate of return.