(영문) 서울동부지방법원 2012.02.13 2011가단62930

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(영문) 서울동부지방법원 2012.02.13 2011가단62930

대여금

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,000,00 and 5% per annum from January 1, 2011 to September 1, 2011.

Reasons

1. Facts of recognition;

A. In around 2004, the Plaintiff loaned 100 million won to Defendant B with the company’s operating fund, and urged the above Defendant B to repay it. The Defendant B promised on December 26, 2006 to pay 60 million won to the Plaintiff up to March 31, 2007, and the Defendant C guaranteed the payment obligation of 60 million won on the same day.

B. On July 8, 2010, Defendant B paid the Plaintiff KRW 20 million to the remainder of KRW 40 million until October 30, 2010, and Defendant B paid KRW 10 million until December 30, 201, respectively, and delivered the remainder to the Plaintiff with a written statement of performance (Evidence A 1) stating that the remainder will be repaid later.

C. Nevertheless, as the Defendants failed to pay the remainder of 40 million won and the Plaintiff urged to pay the remainder, Defendant B paid 30 million won out of the above 40 million won on April 29, 2011 by installments of one million won per month, and 10 million won on December 30, 201, prepared an agreement (Evidence A4) containing the purport that the Defendants would make a lump sum repayment of 40 million won on December 30, 201, and delivered to the Plaintiff.

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the above facts of recognition as to the plaintiff's cause of claim, the defendants are jointly and severally liable to pay 40 million won and delay damages to the plaintiff.

As to this, the Defendants asserted that Defendant B repaid all the borrowed money of the Plaintiff’s assertion from around 2006 to 2007, and that Defendant B prepared and delivered a performance memorandum and an agreement (Evidence A1 and 4) to the Plaintiff thereafter, Defendant B offered to the Plaintiff, and requested the Plaintiff to prepare and change the form of a document and present it to the Plaintiff’s wife, but there is no other evidence. However, it is insufficient to acknowledge this only by the respective descriptions of the evidence of subparagraphs B1 to 4 (including the serial number).

3. If so, the defendants are jointly and severally liable to the plaintiff.

유사 판례

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