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(영문) 울산지방법원 2018.06.28 2017가합24379
대여금
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B’s limited partnership company (hereinafter “Defendant B”) is a limited partnership company mainly for liquor wholesale business, etc., and E was the representative member and general partner of Defendant B on November 2, 2002.

B. On May 18, 2015, the Plaintiff loaned KRW 100 million to Defendant B as of January 18, 2017, the interest rate of KRW 20% per annum, and due date of repayment of KRW 50 million as of January 18, 2017. On June 19, 2015, the Plaintiff determined and lent KRW 20% per annum, and due date of repayment of December 31, 2015.

In addition, on January 15, 2016, the Plaintiff leased KRW 250,000,000 to E, with the interest rate of KRW 25% per annum, and the due date of repayment on January 15, 2018, and Defendant B jointly and severally guaranteed the said debt.

(hereinafter “each of the instant loans”). C.

Defendant D was appointed as joint representative and general partner of Defendant B on June 14, 2017.

After that, E, who was a joint representative, died on August 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, 3 and 3-5, Eul's each entry of evidence No. 5, and the purport of the whole pleadings

2. The Plaintiff filed the instant lawsuit on the grounds that the Defendant B lent KRW 150 million to the Defendant B twice, and the Defendant B jointly and severally guaranteed the Defendant B’s debt of KRW 250,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

3. Determination on the defense prior to the merits

A. As to the aforementioned defense prior to the merits, the Defendants asserted to the effect that, on September 6, 2017, the Plaintiff and Defendant B agreed not to institute a civil lawsuit on each of the loans of this case, and that the instant lawsuit is unlawful as it violates the aforementioned subordinate statute, and thus, is in violation of the said subordinate statute, and thus, is unlawful.

B. In full view of the following: (a) Nos. 1, 6, 7, and 8-1 through 8 of the evidence Nos. 1, 8-8; and (b) the results of the fact-finding and the entire pleadings on employees of the Sejong Credit Information Company Co., Ltd., the Plaintiff each of the instant cases on August 29, 2017 immediately after Defendant D assumed office as joint representative members of the Defendant B.

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