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(영문) 서울북부지방법원 2019.09.24 2018가단16482
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the plaintiff asserted that the defendant guaranteed the repayment of loans or investments in lending or investing in Co., Ltd., Ltd., and that the defendant guaranteed the repayment of loans or investments.

2. Determination

A. The following facts may be recognized by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 4, 12, and Eul evidence Nos. 2 and 3:

1) The Plaintiff Company C (hereinafter “C”) that runs the business of distributing, processing, and selling agricultural products.

(1) A total of KRW 150 million ( ① remittance of KRW 50 million on November 11, 2015, ② remittance of KRW 50 million on November 23, 2015, ③ transfer of KRW 50 million on January 28, 2016, ③ transfer of KRW 50 million on January 28, 2016) invested (hereinafter “instant investment”).

2) Around January 2016, the following agreements were made by the Plaintiff (financial aid holders), C (financial aid holders), Defendant (C’s auditor), and D (each guarantor).

(hereinafter referred to as the “instant agreement”). Total amount of investment: KRW 170,000,000,000 for investment principal and fees: 200,000,000 won for the investment of KRW 100,000,000 for the first time, for the harvest of grain and the felg and for the cultivation of farmers under C’s progress, and the second time, for the investment of KRW 70,000,000 for the first time and the second time, 70,000 shall be paid to investors immediately

(C) The delivery date and the payment date: February 28, 2016; Provided, That the monthly interest of 2.5% on 200 million won shall be paid when the above date has elapsed, and it shall be settled by the 30-day number of days as of the base date.

A written agreement shall be accompanied by a written agreement to establish a security for transfer.

3) Although the above contract term has expired, C did not pay the amount of money under the instant agreement to the Plaintiff. (B) According to the above fact that the Defendant, a guarantor under the instant agreement, did not have to pay the amount of money pursuant to the instant agreement, barring any special circumstance, the Defendant, as the guarantor under the instant agreement, shall pay the amount of KRW 150 million investment as requested by the Plaintiff and the amount thereof on March 1, 2016 (from the day following the deadline for payment of money as stipulated in the instant agreement).

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