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(영문) 서울중앙지방법원 2019.09.20 2018가합554340
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 66,832,876 won and 5% per annum from November 5, 2015 to September 20, 2019.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that: (a) on January 20, 2015, the Plaintiff leased KRW 200,000,000 to Defendant B on February 21, 2015; (b) on February 25, 2015, KRW 100,000 as the due date for repayment was set and lent on March 24, 2015; and (c) Defendant C jointly and severally guaranteed Defendant B’s respective loan obligations.

Therefore, the Defendants are jointly and severally liable to pay damages for delay calculated from February 22, 2015 for KRW 300,000,000 and KRW 200,000 among them, and from March 25, 2015 for KRW 100,000.

B. The Defendants’ assertion 1) Defendant B paid KRW 100,000,000 to the Plaintiff with the interest of KRW 4,000,000,000 as at the initial loan on February 25, 2015, together with the interest of KRW 100,000,000, and the due date for payment of KRW 100,000,000 for the remainder is deferred until March 24, 2015, Defendant B made cash custody (Evidence 2) as to the remainder of the loan, and Defendant C did not borrow additional KRW 100,00,000 for the remainder of the loan. As such, Defendant C paid KRW 50,00,000 to the Plaintiff on November 4, 205, the remainder of the loan obligations against the Plaintiff is KRW 50,000,000.

2. Determination

A. (1) Determination as to the cause of the claim 1) The court shall recognize the existence and content of the declaration of intention in accordance with the content of the document, but if it is recognized that there is any reflection that can be denied if it is obvious and acceptable to deny the content of the statement, it is different from the content of the document from the content of the statement (see, e.g., Supreme Court Decision 200,000,000 to Defendant B on Jan. 20, 2015; 206Da275, Sept. 14, 2006; 2005Da275, Feb. 25, 2015).

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