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(영문) 서울중앙지방법원 2020.02.10 2018가단5202203

대여금

Text

1. The Defendant (Appointed Party) and the appointed parties shall jointly and severally serve as KRW 83,032,195 on the Plaintiff and KRW 57,00,000 among them.

Reasons

1. Basic facts

A. The defendant (appointed; hereinafter "the defendant company") is a company with the purpose of automobile wholesale, retail, etc., and the actual operator is E.

B. The Defendant (Appointed Party and the name prior to the name was F, but was changed to the current name on August 19, 2016; hereinafter “Defendant D”) allowed Defendant D to use his/her name as the representative of the Defendant Company, and accordingly, Defendant D was registered as an internal director on March 9, 2016 in the corporate register of the Defendant Company.

C. On August 18, 2016, the Plaintiff entered into an inventory financial limit transaction agreement with the Defendant Company on the purchase cost of used cars of the Defendant Company (hereinafter “instant ceiling transaction agreement and joint and several sureties agreement”). D.

The applicant column for the letter of credit transaction agreement of this case has the seal impression of the defendant company, and the joint and several surety column has the seal impression affixed by the defendant D's signature and seal imprint.

In addition, the instant agreement is accompanied by a detailed statement, such as a certificate of seal impression, a business registration certificate, a shareholder, etc. of the Defendant Company, a certificate of seal impression of Defendant D (the issuance of the principal as of August 4, 2016), a certified copy of resident registration (the issuance of the principal as of August 18, 2016), and a copy of an identification card.

E. In accordance with the instant Limit Transaction Agreement, the Plaintiff granted a loan to the Defendant Company for the purchase cost of used cars (hereinafter “each of the instant loan agreements”) as shown in the attached Form from December 9, 2016 to February 16, 2017.

F. Loans owed by the Defendants against the Plaintiff amounting to KRW 83,032,195 (i.e., principal amount of KRW 64,300,000 interest KRW 889,699 for delay damages of KRW 17,842,496). The agreed rate of KRW 57,00,000 among the principal amount is 14% per annum, 7,300,000 per annum, and the agreed rate of KRW 8.5% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 23, purport of the whole pleadings

2. Defendant D’s assertion by the parties is necessary to conclude an office lease agreement with the Defendant Company.