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(영문) 서울서부지방법원 2018.12.13 2018가합33305
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 260,000,000 won and 6% per annum from January 1, 2017 to September 14, 2018.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant Company”) on November 12, 2016.

(2) The Plaintiff agreed to repay the amount of KRW 60 million on the end of each month from December 2016 to September 2017, and agreed to repay the amount of KRW 15 million on the last day of January 2016, KRW 15 million on the last day of February 2017, KRW 20 million on the last day of February 2017, KRW 30 million on the last day of March 2017, KRW 30 million, KRW 30 million on the last day of April 2017, KRW 30 million, KRW 30 million on the last day of May 2017, KRW 30 million, KRW 30 million on the last day of May 2017, KRW 30 million on the remainder of each of the above Defendant Company’s loans, KRW 30 million on the last day of June 300, KRW 3007, KRW 7007, KRW 3000,000 on the last day of July 2017.

3) The Defendant Company failed to repay the above borrowed money at the time agreed to repay the borrowed money in installments on one occasion.

B. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff the loan amount of KRW 260 million and interest or delay damages.

2. As to the determination of the defendants' defense, the defendant company and the defendant D, and Eul did not lend the plaintiff 260 million won to the defendant company, but invested in the defendant company with sufficient knowledge of investment risk (sk) and invested in the defendant company. Since the plaintiff's strong pressure did not reach the plaintiff's strong pressure (Evidence A (Evidence A 1), it is asserted that the declaration of intention by the above coercion was revoked on this ground.

However, as long as the formation of a disposal document is recognized as genuine, the court is clear that the content of the document can be denied.

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