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(영문) 서울중앙지방법원 2019.12.11 2019나37181
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this part of the basic facts are as follows: 1. Basic facts of the judgment of the court of first instance (from No. 2, No. 14 to No. 21). Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the Plaintiff’s assertion

A. On November 19, 2015, when the Plaintiff lent the instant loan to B at the Defendant’s recommendation, the Defendant agreed to repay the principal if the instant loan was not repaid to the Plaintiff. Since the Plaintiff was offered 2,00 shares as collateral and was paid interest until the day, the Plaintiff was not repaid the principal and interest of the instant loan. As such, the Defendant is jointly obligated to pay the Plaintiff the principal and interest accrued and the damages for delay.

B. The second week Defendant, after receiving B shares, expressed its intent to pay the instant loan in currency with the Plaintiff even around 2017, and the Defendant is liable to pay the Plaintiff the instant loan and interest or delay damages thereon.

3. Determination

A. According to the facts acknowledged earlier as to Section 1, it is reasonable to view that the Defendant, on November 19, 2015, jointly and severally guaranteed the portion of the principal out of the obligation to return the instant loan to the Plaintiff. Therefore, barring any special circumstance, the Defendant is jointly and severally liable to pay the instant loan to B and the Plaintiff.

(2) As to this, the Defendant asserted to the effect that, since the Plaintiff consented to the conversion of the instant loan into B-issued shares, the instant loan returned claim was extinguished as a set-off against the new stock acquisition price claim.

㈎ 인정사실 이 법원이 이 부분에 적을 이유는 아래에서 고치거나 추가하는 부분을 제외하면, 제1심판결 제4면 2행부터 제5면 12행까지와 같으므로 민사소송법 제420조 본문에 의하여 이를 그대로 인용한다.

Of the above parts, the part constituting “Defendant Company” is deemed as “Defendant Company.”

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