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(영문) 울산지방법원 2019.01.09 2018가단2850

대여금

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1. Defendant B’s KRW 30,000,000 for each of the Plaintiff (Appointed Party), the Appointed Party D, and E, and its related thereto from May 9, 2018.

Reasons

1. Facts of recognition;

A. On January 29, 2016, the Selection E remitted KRW 30,000,000 to Defendant B for investment, and Defendant B paid KRW 19,200,000 to the Selection E as consideration item, such as the dividend on the said investment, from February 29, 2016 to May 31, 2017.

B. On December 14, 2016, the Selected remitted KRW 30,000,000 to Defendant B for investment, and Defendant B paid KRW 6,00,000,000 to the Selection from January 16, 2017 to May 31, 2017 as consideration item, such as the dividend on the said investment amount.

C. On February 6, 2017, the Plaintiff (Appointed Party) remitted KRW 30,000,000 to Defendant B for the purpose of investment, and Defendant B paid KRW 4,80,000 to the Plaintiff (Appointed Party) as consideration item, such as the dividend, etc. on the said investment amount from March 6, 2017 to June 12, 2017.

On August 11, 2017, Defendant B, among the Plaintiff (Appointed Party), Appointed D, and E, agreed to settle the financial transaction until the time of the settlement of the said investment amount, etc., and to pay KRW 30,000,000,000 per annum and interest per annum until September 30, 2017, respectively.

[Reasons for Recognition] Facts without dispute between the parties, entry in Gap evidence 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of claim and the allegations of the parties

A. According to the above facts of recognition, Defendant B is obligated to pay 30,000,000 won per annum from May 9, 2018 to the day of full payment, as claimed by the Plaintiff, to the Plaintiff (Appointed Party), the Appointed Party D, and E respectively, and to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 9, 2018 to the day of full payment.

B. As to this, the Plaintiff (Appointed Party) and Defendant C as the wife of Defendant B, jointly and severally guaranteed each of the above agreements with the Plaintiff (Appointed Party), the Appointed Party D, and E, and thus, the said agreements jointly and severally with the Defendant B.