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(영문) 서울중앙지방법원 2019.07.18 2018가단5159781

대여금

Text

1. Defendant B Co., Ltd.: (a) KRW 29,610,000 per annum on the Plaintiff and 5% per annum from August 7, 2018 to July 18, 2019.

Reasons

1. The plaintiff's assertion

A. On January 13, 2017, the Plaintiff loaned KRW 43,000,000 to Defendant B Co., Ltd. (hereinafter “Defendant Company”) at the rate of 10% per month and within 2017 at the time the Plaintiff wishes.

B. On February 6, 2017, the Plaintiff lent KRW 7,000,00 to the Defendant Company under the same conditions as the foregoing paragraph (a).

C. Defendant C, a director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation to pay KRW 50,000,000 to the Plaintiff.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 50,000,000 and damages for delay.

2. Determination as to the claim against the defendant company

A. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings as to the cause of the claim, the Plaintiff is obligated to pay the Plaintiff KRW 43,000,000 and damages for delay thereof, barring any special circumstance. 2) Defendant Company’s assertion and judgment (1) Plaintiff Company’s assertion (hereinafter “D”) is liable to pay the Plaintiff KRW 43,00,000, and damages for delay.

) Total amount of KRW 198,000,000 (the amount including the amount of loans of KRW 50,000,000,000, for which the Plaintiff sought payment in the instant lawsuit) and the Defendant Company

A) A loan was lent: ① from December 20, 2016 to May 14, 2018, Company D and Defendant Company remitted KRW 67,295,00 to the Plaintiff’s account; ② from May 2017 to May 2018, Defendant C remitted KRW 9,415,780 to the Plaintiff’s account; ③ from May 2017 to February 2018, Defendant C remitted cash to the Plaintiff; ③ from May 2017 to February 2018, Defendant C paid KRW 30,000 to the Plaintiff’s director expenses; accordingly, the amount was KRW 198,710,780,000 to the Plaintiff (i.e., KRW 67,75,005,00, KRW 9,0005, KRW 97,000 to the Plaintiff’s account; and