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(영문) 의정부지방법원 2020.11.04 2017가단25901
대여금
Text

Defendant B’s 150,000,000 won to the Plaintiff and 5% per annum from December 1, 2016 to January 12, 2018.

Reasons

1. Determination as to the claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).

A. The Plaintiff, on May 18, 2015, lent KRW 90 million to the Defendant Company and KRW 10 million on May 20, 2015. On November 14, 2016, the Defendant Company agreed to recognize the Plaintiff as KRW 150 million the principal and interest of the loan as KRW 10 million and to repay the loan by November 30, 2016.

Therefore, the Defendant Company is obligated to pay to the Plaintiff 150 million won and to pay damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from December 1, 2016 to January 12, 2018, which is the delivery date of a copy of the complaint of this case from the date following the due date to the date of full payment, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion 1) The Defendant Company paid KRW 5.1 billion to the Defendant C, which is an agreement to borrow or return the amount borrowed from the Defendant Company and invested by the Defendant Company. The Plaintiff is a creditor who holds a claim of KRW 150 million against the Defendant Company, on behalf of the Defendant Company, who is a creditor who has a claim of KRW 150 million against the Defendant Company, and seeks the return of the loan or investment amount of KRW 150 million to the Defendant Company (hereinafter “instant Claim 1”).

(2) Even if Defendant C received a loan or an investment equivalent to KRW 5.1 billion from the Defendant Company, Defendant C used the amount of KRW 1 billion out of KRW 5.1 billion received from the Defendant Company as the representative director, and thus, Defendant C bears the liability for damages against D pursuant to Article 399 of the Commercial Act.

Therefore, the Plaintiff is a creditor who holds a claim of KRW 150 million against the Defendant Company, and is seeking damages of KRW 150 million against the Defendant Company C by subrogationing the Defendant Company and D in sequence.

(c).

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