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(영문) 서울서부지방법원 2020.11.19 2020가합49
대여금 등
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 263,493,150, and Defendant B with respect thereto from October 31, 2017, and Defendant C, and.

Reasons

1. Facts of recognition;

A. On January 26, 2011, the Plaintiff, Defendant C, and D stated that “if the Plaintiff lends KRW 250,000,000 to the Plaintiff, it shall return to KRW 350,000,000 after three months, and the Plaintiff shall also pay interest on the loan that the Plaintiff borrowed as security on a monthly basis.” On the same day, Defendant C issued a monetary loan certificate, loan loan amounting to KRW 250,000,000, and due date as set forth in April 26, 2011, to the Plaintiff as stated in its name, and a promissory note issued the loan certificate and face value amount as set forth in April 26, 201 as KRW 250,000,000, 1000, 1000, 1000, 1000, and 100,000,000.”

(2) On January 27, 2011, the Plaintiff remitted KRW 247,500,000 to the E bank account under Defendant C’s name, and granted KRW 2,500,000 in cash to Defendant C and D on the same day.

3) From April 26, 201 to September 27, 2016, Defendant C and D issued a written confirmation, etc. to the Plaintiff from time to time, from April 26, 2011, which was the due date for the instant monetary loan agreement, to September 27, 2016. (B) Defendant D borrowed KRW 3,00,000, total amount of KRW 9,000,000 from F, G, and H around January 2015, as interest rate of KRW 34.9% each of the instant loans (hereinafter “each of the instant loans”), and the Plaintiff jointly guaranteed each of the instant loans by setting the maximum amount of the guaranteed loans as KRW 4,047,00,00, respectively.

2 From September 6, 2018 to November 15, 2018, the Plaintiff paid KRW 6,742,110 in total to H and F Co., Ltd. for the purpose of repaying the principal and interest of each of the instant loans as shown in the attached Table.

C. On December 29, 2016, Defendant B, the mother of Defendant D, who was the mother of Defendant D, is the Plaintiff, the amount of the loan guaranteed by the Plaintiff, KRW 350,000,000, and the amount of the loan guaranteed by the Plaintiff.

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