(영문) 서울중앙지방법원 2016.08.16 2015가단160136

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(영문) 서울중앙지방법원 2016.08.16 2015가단160136

대여금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. On May 30, 2003, the Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 140 million to Defendant B on the basis of May 30, 2003; (b) Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd.”) jointly and severally guaranteed the above loan obligations; (c) Defendant B shall pay to the Plaintiff a total of KRW 50 million on June 16, 2003 and KRW 50 million on July 31, 2003 as the principal repayment of the above loan obligations; and (d) thereafter, the Plaintiff is jointly and severally obligated to pay the remainder of KRW 30 million to the Plaintiff on the ground of the interest rate of KRW 90 million on the outstanding loan obligation; and (e) thereafter, the Defendants shall be jointly and severally liable to pay the remainder of KRW 90 million on October 27, 2003; and (e) KRW 27 million on December 11, 2003; and (e) KRW 8 million on the basis of interest rate of KRW 9 million.

B. The summary of the Defendants’ assertion was established D (hereinafter “D”) to operate the charnel facilities located in the Sinju-si in which the Defendant Company acquired, and the Defendant Company agreed to pay KRW 140 million, including the profits from LF and the investment of KRW 50 million, in lieu of granting the authority to sell the charnel facilities to Non-Party Corporation D (hereinafter “D”) around January 23, 2003 in order to raise its operational funds. The Defendant Company did not borrow KRW 140,000,000,000,000,000,000,000,000,000 from LF around May 30, 2003, and there was no difference between the Plaintiff and the Defendant Company, and there was no fact that the Defendant Company was a joint and several surety.

2. Judgment on the party's assertion

A. 1) In full view of the overall purport of the statements and arguments by Gap 1 and Eul 2, the defendant Eul's debt of 140 million won against the plaintiff on January 23, 2003 (hereinafter "the debt of this case") between the plaintiff and the plaintiff on January 23, 2003.

On the premise that there is a contract to pay the above borrowed money by May 30, 2003, it is recognized that the above borrowed money was agreed.

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