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(영문) 서울중앙지방법원 2018.01.18 2016가단132060
대여금
Text

1. The Defendants are jointly and severally liable to Plaintiff B for 50,000,000 won and the period from December 11, 2015 to October 3, 2016.

Reasons

1. Basic facts

A. On November 23, 2015, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) transferred KRW 60 million from the account of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) to the account of Defendant C (hereinafter “Defendant Co., Ltd”).

B. On November 30, 2015, KRW 50,000 was transferred from the Plaintiff’s account to the Defendant Company’s account.

C. The date of preparation is November 30, 2015; the creditor is the plaintiff B; the debtor is the defendant company; the joint guarantor is the defendant D; the defendant company puts the defendant on the debtor's column; and the defendant D puts his signature on the column of joint and several sureties. Among them, the part relating to this case is as follows:

Article 1 Creditor A (referring to Plaintiff B) lent KRW 50,000,000 to the debtor Eul (referring to the defendant corporation) on November 30, 2015, and the debtor Eul borrowed this.

Article 2 The due date for the borrowed money shall be December 10, 2015.

The interest under Article 3 shall be paid at the rate of five percent per annum and after the due date for repayment in 2015.

[Ground of recognition] Facts without dispute, entry of Gap 2-4 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) On November 23, 2015, the Plaintiff Company agreed to lend KRW 60 million to the Defendant Company on November 27, 2015 under Defendant D’s joint and several sureties (hereinafter “instant one loan agreement”) with a due date fixed on November 27, 2015 (hereinafter “instant one loan agreement”); and 1. A.

As stated in the paragraph, 60 million won was transferred.

(2) On November 30, 2015, Plaintiff B decided to lend KRW 50,00 to Defendant Company on December 10, 2015 under Defendant D’s joint and several guarantee (hereinafter “instant second loan agreement”) and 1.C.

The loan contract of this case was drawn up as set forth in paragraph 1.B.

It transferred KRW 50 million, such as the paragraph.

(3) Accordingly, Defendant D as a principal debtor, as a joint and several surety, is jointly and severally liable for a loan of KRW 60,000 to the Plaintiff Company, and KRW 50,000.

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