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(영문) 의정부지방법원 2017.07.19 2016가합52538
대여금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay KRW 600,000,000 and interest thereon from July 2, 2016 to the date of complete payment.

Reasons

1. Claim against Defendant B and C

A. At the time of display of each claim, the Plaintiff lent KRW 500,000 to the Defendant Company on May 18, 2006 at the request of Nonparty E, Defendant C and D, who was the representative director of the Defendant Company B (hereinafter “Defendant Company”). Defendant C guaranteed the payment of KRW 500,000,000 for the above loan.

After that, on May 26, 2006, the Plaintiff provided an additional loan of KRW 100,000,000 to the Defendant Company without separately setting the due date.

Therefore, according to each of the loans for consumption and guarantee contracts of this case, the Defendant Company is obligated to pay to the Plaintiff KRW 600,000,000 and delay damages therefor, and the Defendant C jointly with the Defendant Company to pay KRW 500,000,000 and delay damages therefor.

(b) Defendant Company: Confession (Article 150(3) and (1)2 of the Civil Procedure Act) by public notice (Article 208(3) and (3) of the Civil Procedure Act);

2. Claim against Defendant D

A. 1) The defendant company is a company engaging in credit business, etc., and the defendant C and D have worked as an employee of the defendant company.

B) The Plaintiff, at the time of Nonparty E, Defendant C, and D’s request, lent KRW 500,000 to the Defendant Company on May 18, 2006 without separately setting the due date. Defendant D guaranteed the payment of KRW 500,000,000 to the Defendant Company on May 26, 2006. The Plaintiff thereafter lent KRW 100,000 to the Defendant Company on May 26, 2006 without separately setting the due date for payment. [Grounds for recognition] In the absence of dispute, the Defendant Company falls under a merchant of the Defendant Company as a company engaging in credit business, and each of the instant loans extended to the Plaintiff and the Defendant Company as a merchant pursuant to Article 47(2) of the Commercial Act.

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