(영문) 서울서부지방법원 2019.01.31 2018가합33510

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(영문) 서울서부지방법원 2019.01.31 2018가합33510

대여금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 125,003,424 and KRW 65,00,000 among them, from June 14, 2009 to October 10.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned a total of KRW 40 million to Defendant B from 1998 to 2001. (2) The Defendant B, on January 23, 2008, specified that the sum of the interest on the above loan principal amounting to KRW 65 million shall be the sum of the interest on the loan principal amounting to KRW 25 million to the Plaintiff on January 23, 2008, as seen below, from June 2008 to October 31, 2008. In light of the fact that, if the Defendant B is unable to make a installment payment, it is reasonable to interpret that the Defendant C would lose the benefit of time and the principal amount shall be repaid by October 31, 2008.

I have drawn up a loan certificate with the content of the loan.

3) At the time of the preparation of the above loan certificate, Defendant C guaranteed the above loan obligation against the Plaintiff (joint and several) with the purport that Defendant C would pay the above loan amount up to October 31, 2008, when Defendant C would not pay the above loan certificate. B. The Defendants and D prepared an investment agreement in which the Defendants would pay the interest of KRW 10 million from the Plaintiff on June 2, 2008, and prepared an investment agreement in which the principal would be repaid (joint and several) more than four months after receiving the investment amount of KRW 10 million from the Plaintiff on June 2, 2008. C. The Defendants and E prepared an investment agreement in which the Plaintiff would receive KRW 50 million from the Plaintiff on September 20, 2008, and receive KRW 50 million from the Plaintiff on September 20, 2008, and they did not dispute with the purport that the above investment principal should be repaid within KRW 100,000,000,000 from the Plaintiff.

2. Determination as to the cause of action

A. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the above loan and investment amount of KRW 125 million (= KRW 65 million) and damages for delay.

B. In addition to the above amount of recognition, the Plaintiff is recorded in the attached list to Defendant B.

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