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(영문) 서울중앙지방법원 2018.05.03 2017가단97232
차용금 반환 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 44,00,000 won and the interest rate of 15% per annum from March 17, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 29, 2016, D Co., Ltd. (Representative E) transferred a loan claim of KRW 53,000,000 to Defendant B Chairperson Co., Ltd. (hereinafter “instant claim”) to the Plaintiff, and notified Defendant B Chairperson C of the transfer.

B. On March 3, 2016, Defendant B drafted a loan certificate stating that the Plaintiff would repay KRW 53,000,000 to the Plaintiff by March 30, 2016.

The Plaintiff received double reimbursement of KRW 9,000,000.

Defendant B C’s self-written statement that the repayment will be made by April 20, 2016 at the bottom of the above loan certificate was written by Defendant B C.

(This shall be deemed as joint and several suretiess of Defendant C).

A. According to the facts of the above recognition of the borrowed amount, the Defendants are jointly and severally liable to pay the Plaintiff the balance of the borrowed amount of KRW 44,000,000 ( KRW 53,000,000-9,000) and damages for delay.

B. The Defendants asserted that the instant claim had been extinguished by paying KRW 44,00,000 to D and E on January 24, 2018.

As seen earlier, the claim in this case was transferred to the Plaintiff on January 29, 2016 and notified to the Plaintiff on April 24, 2018, and the effect of repayment to the Plaintiff, the assignee, does not take place. Therefore, the Defendants’ assertion is rejected.

C. Accordingly, the Defendants are jointly and severally obligated to pay to the Plaintiff the balance of the borrowed amount of KRW 44,00,000 and damages for delay calculated at the rate of 15% per annum from March 17, 2018 to the date of full payment, following the day when the record of pleadings was served on the Defendants by the Plaintiff on March 8, 2018.

3. The plaintiff's claim against the defendants is justified.

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