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(영문) 대구지방법원 2016.07.14 2015가단121178
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 25 million and each year from November 13, 2012 to July 14, 2016.

Reasons

1. The plaintiff and the defendant's assertion

A. The Plaintiff’s assertion 1) Solomon Investment Loan Co., Ltd. (hereinafter “ Solomon Investment Loan”)

(3) On March 23, 2012, Defendant A Co., Ltd. (hereinafter “Defendant Company”)

(2) On October 26, 2012, Defendant B lent KRW 500 million to the Defendant Company, and at this time, Defendant B jointly and severally guaranteed the Defendant Company’s debt. (2) The principal remaining after receiving a partial repayment of the said money is KRW 18,353 million.

3) On August 19, 2015, the Plaintiff received the above claim from the non-party company against the Defendants, and the Defendants jointly and severally are obligated to pay the Plaintiff the agreed interest and delay damages from November 13, 2012. (B) The Defendants’ assertion 1) the non-party company received a loan certificate of KRW 500 million from the Defendant company, and actually lent only KRW 470 million after the non-party company actually lent the loan to the non-party company. The amount of KRW 30 million transferred on March 21, 2012, which the Plaintiff asserted as part of the above loan, is not this loan.

2 The Defendants remitted a total of KRW 475 million to the account under C’s name, and repaid the said debt to the Nonparty Company in full.

2. Determination

A. Comprehensively taking account of the purport of the entire pleadings in the statement No. 3 as to the assignment of bonds, the non-party company, on August 19, 2015, transferred KRW 18,3530,000 of the balance of the loan claim amounting to KRW 500,000,000 to the Plaintiff and notified the Plaintiff.

B. Determination as to the amount of loan of the non-party company 1) We examine whether the non-party company additionally lent KRW 30 million to the defendant company as well as KRW 470 million recognized by the defendants. According to the evidence No. 1-4 and the evidence No. 3 of the evidence No. 1-50 million between the non-party company and the defendant company as of March 23, 2012, the loan certificate of KRW 500 million between the non-party company and the defendant company (the evidence No. 1-50 million was prepared; the non-party company was KRW 30 million as of March 21, 2012; KRW 280 million as of March 2, 2012; KRW 15 million as of March 23, 2012; KRW 50 million as of March 30, 2012; and KRW 500 million as of March 5, 2012.

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