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Reasons
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(영문) 의정부지방법원 고양지원 2018.11.23 2018가단6788
대여금
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 110,600,00 and KRW 110,000,000 among them, from November 21, 2017 to November 201, 2018.

Reasons

1. Fact-finding;

A. On September 21, 2015, Defendant B issued and delivered a loan certificate stating that “The KRW 100 million was borrowed from the Plaintiff, the interest rate of KRW 1 million was paid on the 27th day of each month, and the maturity shall be determined on March 30, 2018, and shall be paid in full, and may be extended by mutual agreement” (hereinafter “the loan certificate”). At the bottom of the above loan certificate, the name, signature, address, and contact information of the Defendant B and the Defendant C are indicated.

B. Meanwhile, on December 20, 2016, the Defendants agreed to jointly and severally repay the amount of KRW 10 million from the Plaintiff as the interest rate of KRW 1% per month.

C. Defendant B sent to the Plaintiff.

Before borrowing KRW 10 million as described in subsection (a).

The interest on the borrowed money stated in the subsection has been paid in full (the plaintiff remitted to the bank account). (B)

On and after December 20, 2016, a total of KRW 11,50,000 as interest was remitted to the above account after borrowing KRW 10,000 as stated in the paragraph.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 3, purport of the whole pleadings

2. The assertion and judgment

A. In accordance with each of the above allegations by the parties regarding the cause of the instant claim, the Defendants are jointly and severally liable to pay the Plaintiff the interest and delay damages from October 21, 2017, where the sum of the principal borrowed to the Plaintiff is KRW 110 million and the interest thereon are overdue.

B. The Defendants and E established a company on September 2015 with respect to the amount of KRW 100 million (the share ratio shall be 30%, E shall be 40%), and KRW 100 million with the operating funds of the company to be established shall be borrowed from the golder (E’s wife), and the Defendants shall pay KRW 30 million each, according to their respective share ratio, and KRW 40 million shall be repaid by E.

However, as the business has become poor, E around June 2017, the creditor of the above 100 million won loan to the defendants.

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