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(영문) 서울중앙지방법원 2018.07.12 2017가합541439

양수금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 300,000,000, and 12% per annum from March 1, 2017 to May 23, 2017.

Reasons

1. Facts of recognition;

A. On June 16, 2015, Nonparty E and Defendant B drafted on February 28, 2016, a notarial deed of a monetary loan agreement with the said Defendant that KRW 400 million will be fixed and lent as of February 28, 2016, and Defendant C guaranteed the Defendant B’s obligation to return the loan to Nonparty B on the said notarial deed.

B. E on July 1, 2016

The amount of KRW 300 million out of the loan repayment claim 400 million against Defendant B on the notarial deed was transferred to the Plaintiff.

C. The Plaintiff and the Defendants were transferred by the Plaintiff.

On July 1, 2016, the Plaintiff drawn up a loan certificate with the content that the Plaintiff loans KRW 300 million to the Defendants at 12% per annum and on February 28, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination as to the cause of action

A. Comprehensively taking account of the facts found in Paragraph (1) above as to the Plaintiff’s claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 300 million and damages for delay calculated at the rate of 12% per annum from March 1, 2017 to May 23, 2017, which is the date of the final service of the original original copy of the instant payment order, and from the next day to the date of full payment, 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

B. As to the Defendant B’s assertion, the Plaintiff, in the name of his family members, was operating a pharmacy at the hospital and its next building in the Seosan City F building (hereinafter “F building”), and the Defendants provided the Plaintiff with a commercial parking card for the Plaintiff’s employees to commute to and from work at the hospital, while operating the parking lot in the said F building. The Plaintiff provided the said commercial parking card to be used by the hospital and pharmacy customers from 2014 to 2017, thereby preventing the Defendants from receiving a total of KRW 1,350,000 from customers.