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(영문) 서울남부지방법원 2016.04.22 2015가단57175
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 100,000,000 won and 30% per annum from September 8, 2007 to the full payment date.

Reasons

1. Basic facts

A. On September 7, 2007, the Plaintiff leased KRW 100 million to D Co., Ltd. (hereinafter “Nonindicted Company”) two months from the date of repayment from the date of borrowing, interest amounting to KRW 20 million (10% per month). Defendant B (the representative director of the Nonparty Company at that time) and Defendant C jointly and severally guaranteed this.

B. When the non-party company was unable to repay the loan to the plaintiff within the above due date, the non-party company and the defendants prepared a loan certificate stating the principal amount of KRW 120 million on December 7, 2007, interest amount of KRW 20 million, interest amount of KRW 20 million, and the due date of repayment was two months after the date of providing the loan certificate and re-issued to the plaintiff.

[Ground for Recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C, Gap evidence Nos. 1, 2, 3 (including provisional number), the purport of the whole pleadings

2. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 100,000,000,000,000,000,000,000 from September 8, 2007 to the date following the due date for payment. As the Plaintiff seeks from September 8, 2007 to the date of full payment,

Defendant C alleged that Defendant C was not responsible for the repayment of all of the loans, but there is no evidence to deem that Defendant C paid the above loans to the Plaintiff. Thus, Defendant C’s assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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