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Reasons
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(영문) 서울동부지방법원 2014.12.24 2014가합8828
손해배상(기)
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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 201,00,000 as well as 20% per annum from September 3, 2014 to the date of full payment.

Reasons

1. The following facts of the Plaintiff’s assertion of recognition are acknowledged between the Plaintiff and the Defendant B, by taking account of the respective descriptions of the evidence Nos. 1 through 7 (including numbers; hereinafter the same shall apply) and the overall purport of the pleadings, and between the Plaintiff and the Defendant C, and D (hereinafter “D”) pursuant to Article 150 of the Civil Procedure Act, it is deemed that Defendant C and D have led to confession.

Defendant B asserted that on October 6, 2008, the Plaintiff lent KRW 500,000,000 to Defendant B on October 6, 2008, and Defendant B borrowed KRW 440,000,000 on October 6, 2008, and KRW 50,000,000 on October 7, 2008.

On December 21, 2010, the Plaintiff paid KRW 100,000,00 for the rent of KRW 200,000,000 to the Plaintiff until July 31, 2011, and ② the above KRW 14,00,000 for the interest of KRW 10,000,000 from January 1, 201 to July 31, 201; ③ the Plaintiff paid KRW 100,00,000 until December 31, 201; ④ the said KRW 310,00,000 for the interest of KRW 10,00,000 from November 1, 201 to December 31, 200; and ④ the promise to pay KRW 30,00,000 for the interest of KRW 30,000,000 for the loan.

(2) On December 21, 2010, Defendant C and D jointly and severally guaranteed the obligation under the instant agreement against the Plaintiff on December 21, 2010.

2. According to the above facts of recognition as the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 37,000,000,000, after deducting the amount of KRW 37,000,000, which the Plaintiff partly received from the Plaintiff out of the total amount of obligations based on the above loan certificate, barring any special circumstances.

3. Defendant B’s defense

A. The summary of the allegation as to the invalidity of the instant agreement is as follows: Defendant B, from the original Plaintiff, KRW 440,000,000 on October 6, 2008, and KRW 50,000 on October 7, 2008.

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