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(영문) 서울남부지방법원 2019.02.19 2018가단204040
대여금
Text

1. The Defendant’s KRW 91,457,618 as well as the Plaintiff’s KRW 12% per annum from December 26, 2016 to February 19, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company with the objective of developing, manufacturing, and selling electronic machinery and hardware, manufacturing, and selling products, and semiconductor distribution and selling semiconductors, and the Defendant is a person who has run a stock company C (hereinafter “Nonindicted Company”).

B. On May 24, 2016, the Plaintiff prepared and delivered a loan certificate (1) to the Plaintiff (hereinafter “the first loan certificate”) stating that the Plaintiff paid KRW 20 million to the Defendant. In this regard, on May 24, 2016, the Defendant prepared and issued a loan certificate (hereinafter “the first loan certificate”) stating “the loan amount of KRW 20 million”, “the repayment period of KRW 25 million on December 25, 2016” and “the agreed interest rate of KRW 1%” in the name of the Plaintiff.

(2) On June 15, 2016, the Plaintiff paid KRW 50 million to the Defendant. In this regard, on June 15, 2016, the Defendant prepared and issued a loan certificate (Evidence 4-2) stating that “The Plaintiff’s repayment deadline is KRW 50 million” and “the repayment deadline is December 25, 2016.”

(3) On June 16, 2016, the Plaintiff paid KRW 21,457,618 to the Defendant. In this regard, on June 16, 2016, the Defendant: (a) drafted and delivered to the Plaintiff a certificate of borrowing (the certificate No. 4-3 and the above three loan certificates are all combined; hereinafter referred to as “each of the instant loan certificates”) stating “21,450,000 won for rent” and “25, 2016.”

(4) Each of the instant loan deeds contains the following main contents:

1. The Plaintiff, a creditor, lent the corresponding amount to the Defendant, a debtor.

(2) (1) The defendant promises to use all the amounts borrowed from the plaintiff for the repayment of the debt of the KCAC.

(2) By June 10, 2016, the Defendant, an agent of the LAC, guaranteed that the loan amount should be used as the repayment amount of the account payable by the transaction company for the closure of the said company, and if violated, the statutory maximum interest rate and the total principal shall be paid to the creditor.

(3) The defendant is in a situation in which it is no longer possible to conduct business activities due to the deficit and the accounts payable by the company, and does not operate any business any longer.

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