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(영문) 서울중앙지방법원 2017.12.12 2017가단5119205
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 979,280,794 and KRW 928,00,000 among them, from May 18, 2017.

Reasons

1. Determination as to the cause of claim

A. In full view of the respective descriptions of Gap evidence Nos. 1 through 4 (including paper numbers) and the overall purport of the pleadings, the following facts are recognized:

1) On October 28, 2016, the Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

B. As to the loan transaction agreement (hereinafter “instant loan transaction agreement”) with each of the following terms: (a) loan transaction agreement between a custodian: credit transaction; (b) credit transaction; (c) credit amount: KRW 90,000,000; (d) agreed interest rate: 8.15% per annum; and (e) overdue interest rate: 19% per annum.

(2) The Plaintiff jointly and severally guaranteed the Defendant Company’s obligation under the loan transaction agreement. (3) Under the loan transaction agreement of this case, the Plaintiff performed the loan as stated in the separate sheet, and the total amount of the loan unpaid as of May 17, 2017 is KRW 979,280,794 (=the principal of the loan amount of KRW 928,00,000 interest rate of KRW 51,280,794).

B. On the contrary, the Defendants are jointly and severally liable to pay the Plaintiff the unpaid principal and interest of loan and delay damages pursuant to the loan transaction agreement of this case, as described in paragraph (1) of this Article, unless there are special circumstances.

2. Determination as to the defendants' conspiracy, false representation, or assertion of name lending

A. Since C, which was acting as a broker for a secured loan, was aware that it borrowed the name of the Defendants and entered into the instant loan transaction agreement and used the loan, the Plaintiff also knew that C used the Defendants’ name in order to avoid the provision on credit restriction, the instant loan transaction agreement constitutes a false declaration of conspiracy and thus null and void, and the Defendants did not bear any obligation under the instant loan transaction agreement.

B. In order to establish a false declaration of conspiracy, there must be an agreement between the other party and the other party as to the disagreement, and the third party is the principal obligor in the loan-related documents, such as a monetary loan agreement.

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