beta
(영문) 서울남부지방법원 2020.02.13 2019가단218572

대여금

Text

1. The defendant shall pay KRW 1,277,038 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with a medical corporation C (hereinafter “C”) and a medical device, etc., as listed in the table 1 below, with respect to the medical corporation that runs the comprehensive credit financial business.

hereinafter referred to as "each facility loan of this case"

(1) Serial No. 40,00,000, 6.82% of the total amount of principal and interest on October 31, 2017, 40,000, 6.8% of the total amount of interest and interest on the loan of facilities, interest rate, delay delay rate, repayment method / repayment method 10,000 on October 31, 2017 / 6.8% of the total amount of interest and interest / 48 months on February 27, 2018 / 30 on March 30, 3018 / equal interest and interest repayment 30,390, 300, 300, 3.82% of 6.8% on March 82, 100 on the equal interest and interest repayment method

B. As a representative of C, the Defendant jointly and severally guaranteed each of the instant facility leasing obligations.

C. Meanwhile, as Seoul Rehabilitation Court 2019 Gohap10015, C filed an application for rehabilitation, and the rehabilitation decision was made on April 25, 2019.

Under the above rehabilitation procedure, the Plaintiff reported the claims under each lease agreement of this case by the date of the commencement decision of rehabilitation as shown in Table 2 below, and C accepted the remaining claims 1,436,735,438 won (=1,440,937,729 won - 4,202,291 won), excluding other amount (provisional payment) 4,202,291 won, as rehabilitation claims.

Serial 128,95,955,956 2,814,813, 130,470,47214,849 70,164,986, 2542, 128,648, 848, 84112,5412, 545, 85757 580,2249,382 110,31714, 944, 62131, 145,45,45411,78,0205, 487, 484, 197, 1484, 147, 197, 1484, 257, 1984, 207, 1484, 257, 197, 194

E. On November 1, 2019, C repaid KRW 424,562,329 to the Plaintiff according to the rehabilitation plan approved in the above rehabilitation procedure. On November 5, 2019, the Defendant paid KRW 1,012,173,109 to the Plaintiff.

[Basis] Facts without dispute, Gap's evidence 1 through 5, Eul's evidence 1, 2, 3, 5, Eul's evidence 6-1, 2, and 3, and the purport of the whole pleadings

2. The assertion and judgment

(a)the Parties;