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(영문) 의정부지방법원 2018.01.26 2016가단39903

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and 5% per annum from August 29, 2014 to May 16, 2017.

Reasons

1. Facts of recognition;

A. On August 19, 2014, the Plaintiff agreed with Defendant A Co., Ltd. (hereinafter “Defendant Company”) to lend KRW 100 million to the Defendant Company as of January 30, 2015. The Defendant Company asserted that the money received from the Plaintiff is not a loan, but an investment loan. However, even according to the “investment contract” attached to the Defendant’s reply as of July 20, 2017, the Defendant Company promised to guarantee the principal at the time of termination of the contract.

On the same day, Defendant B guaranteed the above loan debt of Defendant B on the same day.

B. In accordance with the agreement above, the Plaintiff paid to the Defendant Company KRW 50 million on August 19, 2014 and KRW 50 million on August 29, 2014, respectively.

【Ground for Recognition: Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 4-1, and No. 2-2, the purport of the whole pleadings, and Defendant B: deemed confession

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 10 million won and the amount calculated by applying 5% per annum as prescribed by the Civil Act from August 29, 2014 to May 16, 2017, which is the last written complaint delivery date for the Defendants, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

3. In conclusion, the plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition.