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(영문) 창원지방법원 2019.03.14 2018가단102808
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. Defendant D, the Plaintiff’s seat, served as the former duties of Defendant B Co., Ltd. (hereinafter “Defendant Company”), and Defendant E, as the person in charge of civil affairs at the site of the Plaintiff Company’s large construction site.

Defendant C served as the representative director of the Defendant Company at that time.

around March 2013, Defendant D and E stated that “If Defendant D and E lent KRW 20 million necessary to purchase the German SPD machines necessary for the FF works of Defendant Company, they would make reimbursement 20 million after 20 days.” On March 25, 2013, the Plaintiff paid KRW 20 million to Defendant C, D, and E as a check.

Defendant C asked to further lend KRW 20 million at the same place, and the Plaintiff transferred KRW 20 million to the account of the Defendant Company through G by the branch.

As Defendant C failed to comply with the due date for repayment, it prepared and delivered to the Plaintiff a certificate of loan worth KRW 45 million added to KRW 5 million as interest for arrears in the sense that he/she would have paid to the Plaintiff, who demanded repayment on April 30, 2013, prior to the delay in payment.

As the Plaintiff was unable to receive a loan even after the impeachment, the Plaintiff continued to demand repayment to Defendant C, etc.

Defendant C prepared a loan certificate to pay KRW 50 million, plus interest, etc., until January 27, 2014, which was later than one month, to the effect that the obligation to repay was not fulfilled on December 27, 2013, and the Plaintiff was jointly and severally guaranteed by Defendant D and E.

Defendant C, as the representative director of the Defendant Company, prepared a loan certificate as above and made Defendant C as the principal debtor, and Defendant C as the joint guarantor.

Defendant E paid 15 million won on August 14, 2014 through Defendant E, and the said money was appropriated for penalty (5 million won) and overdue interest (10 million won).

The defendants, as the principal debtor and joint guarantor, shall be jointly and severally calculated with the loan amount of KRW 50 million and with the agreed interest rate (legal highest interest).

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