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(영문) 서울서부지방법원 2018.10.05 2018가단200375
기타(금전)
Text

1. The Defendants shall jointly and severally serve as KRW 100,000,000 on the Plaintiff and as a result, from October 27, 2016 to December 22, 2012.

Reasons

1. Basic facts

A. The Plaintiff lent to the Defendants KRW 1750,00,000 on May 15, 2009, ② KRW 300,000,000 on July 31, 2009, ③ 250,000,000 on October 13, 2009, ④ KRW 100,000 on September 13, 2010, ⑤ KRW 500,000 on September 20, 201, and KRW 60,00 on March 9, 201.

B. On October 27, 2014, the Plaintiff and the Defendants settled money transactions between them. After Defendant B Co., Ltd. (hereinafter the Defendant Co., Ltd.) settled the Plaintiff on the same day, the Plaintiff and the Defendants prepared a written confirmation of loan to repay the said money by October 26, 2016 with the total of KRW 1,425,00,000 and KRW 1,425,000,000, and the other obligations 100,000 and KRW 1,425,000.

C. The Defendant Company prepared to the Plaintiff on the same day the loan certificate and the confirmation certificate of joint and several sureties (Evidence A) for KRW 1,325,000,000, and Defendant D signed and sealed it as joint and several sureties.

On November 11, 2014, Defendant D’s representative director of Defendant D Co., Ltd prepared a certificate (Evidence A No. 4) stating that “The Defendant Company paid KRW 790,653,789 to the interest rate of KRW 1,425,00,00 that it borrowed from the Plaintiff, up to the interest rate of KRW 790,653,789,” to the Plaintiff.

E. The payment order was finalized on March 22, 2017 and April 12, 2017, where the Plaintiff sought payment of KRW 1,325,00,000 against the Defendants.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 11 (including virtual numbers), the purport of the whole pleadings

2. In light of the facts acknowledged in paragraph (1) of the judgment as to the Plaintiff’s claim, the Defendants jointly and severally deducted KRW 1,325,00,000,000, which was the remainder of KRW 1,325,000, which was finalized from the payment order, from among the loans 1,425,00,000 to the Plaintiff, and as requested by the Plaintiff, 6% per annum under the Commercial Act from October 27, 2016 to December 22, 2012, the date following the maturity date, as requested by the Plaintiff.

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