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(영문) 서울남부지방법원 2015.04.24 2014가단51729

대여금 등

Text

1. The Defendants are jointly and severally liable for 30,000,000 won and the ratio of 24% per annum from August 1, 2014 to the full payment date.

Reasons

1. Basic facts

A. On August 10, 2012, the Plaintiff’s payment period to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) on August 10, 2012 and interest rate on October 10 of the same year.

9. Oct. 114, 660 won, and Oct. 110, 196 of the same year on condition that the defendant C loaned KRW 18 million on condition that he shall receive KRW 10,960, and the defendant C provided joint and several sureties.

[However, the loan certificate (No. 2-1) written by the Defendants is written as a creditor in D which is not the plaintiff.]

On September 1, 2012, the Defendant Company paid 5 million won each on October 1, 2012 and paid 5 million won each on the same year, and the Defendant Company demanded additional loans to the Plaintiff.

C. On November 27, 2012, the Plaintiff and the Defendant Company entered into a monetary loan agreement with the Defendant Company at a total of KRW 50 million,000,000,000,000,000,000,000 for additional loans to KRW 8 million under Defendant C’s joint and several sureties, with the maturity of payment on October 31, 2013, with the interest rate of KRW 24 per annum (one million per annum). The Plaintiff transferred to the Defendant Company KRW 12 million on the day, and KRW 12 million on November 29, 2012, and KRW 18 million on December 5, 2012, respectively.

On February 13, 2014, the Plaintiff received 20 million won used as the deposit for the lease of Defendant C among the above loans, and 18,815,00 won out of which was directly transferred from the lessor E and repaid to the Defendant C by means of receiving the remainder.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. According to the above facts based on the determination as to the cause of the claim, the Defendant Company of the principal obligor, and the Defendant C, a joint and several surety, jointly and severally, are liable to pay to the Plaintiff the remainder of KRW 30 million lent to the Plaintiff, and the interest payment was delayed as requested by the Plaintiff, at the rate of 24% per annum from August 1, 2014 to the date of full payment.

B. The Defendants’ assertion of appropriation of the amount corresponding to the withholding tax amount by the Defendants is subject to income tax and income tax to be paid by the Plaintiff on the interest paid to the Plaintiff.