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(영문) 서울중앙지방법원 2014.06.12 2012가합541397
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Summary of the parties' arguments

A. (1) On September 28, 2007, Plaintiff A Co., Ltd. (hereinafter “A”) loaned KRW 7.42 billion to Defendant B Co., Ltd. (hereinafter “Defendant B”) at the rate of 10% per annum on March 28, 2008, interest rate of 10% per annum, and delayed interest rate of 25% per annum (hereinafter “instant loan”). The repayment date was extended several times thereafter, and the repayment date was finally extended on August 28, 2010.

At the time of the instant loan agreement, Defendant C guaranteed each of the Defendant B’s loan obligations at the time of extension of the repayment date on August 28, 2010.

Defendant B did not pay interest from June 30, 201, and lost the benefit of time on August 30, 201.

Accordingly, the Plaintiff is a part of the claim against the Defendants, and the Defendants jointly and severally pay the amount stated in the claim.

(2) The Defendants’ assertion on invalidity of the instant loan agreement (see subparagraph 2) is a false declaration of agreement and thus invalid.

Even if the trustee in bankruptcy is a third party who has a substantial legal interest based on the legal relationship formed by the false representation of conspiracy, the defendants cannot be protected as a false representation of conspiracy.

B. At the time of the instant loan agreement, the Defendants (1) demanded the Defendant to cooperate in the necessary affairs, such as the preparation of relevant documents, in order to prepare for audit by the Financial Supervisory Service.

Thus, the defendant inevitably permits A to seal A's company name and seal impression in a blank credit transaction agreement, etc., and there is no reason to allow A's employees to prepare and affix the loan documents, such as the loan agreement of this case in which the amount of loan, etc. is stated.

In other words, the loan agreement of this case has not been concluded, and even if so, the circumstances of the use of the loan, the circumstances in which the defendant did not pay interest, and the circumstances in which the security right has not been established.

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