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Reasons
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(영문) 서울남부지방법원 2018.04.17 2017가합668
대여금
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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 500,000,00 and its amount from November 1, 2007 to April 19, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned KRW 500,000,000 to Defendant B Co., Ltd. (hereinafter “Defendant B”) at interest rate of 3% per month, and transferred KRW 194,00,000,000, which deducted the interest interest rate on April 23, 2007, and KRW 291,000,000, which deducted the interest rate on May 4, 2007, to Defendant D Bank account in the name of Defendant D Bank.

B. On April 30, 2007, Defendant B and Defendant C issued promissory notes with the face value of KRW 500,000,000, the due date of payment, April 30, 2008, and the issue date of April 30, 2007, and delivered them to the Plaintiff.

C. Defendant B transferred KRW 15,000,000 per month to the Plaintiff’s account in the Plaintiff’s name until October 2007, but did not thereafter repay the principal or interest of the loan obligations.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 6, 7 (including each number, unless the number has been otherwise specified), Eul evidence 1, Eul evidence 1, Eul evidence 1, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff asserted that the Plaintiff lent KRW 500,000,000 to Defendant B by setting the interest rate of KRW 3% per month. At the time, Defendant C and D would be liable for the Plaintiff’s repayment of the said loan, but Defendant B paid only interest until October 2007.

Furthermore, Defendant D allowed Defendant B to use the passbook in his name, thereby causing damage to the Plaintiff.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 500,000,000 and interest for delay.

B. The plaintiff asserted by the defendant C does not submit evidence proving that the defendant C was jointly and severally liable for the loan obligation of the defendant C or was jointly and severally liable for the joint and several obligation.

Furthermore, Defendant B repaid the above loan to E, a real creditor of the above loan claim.

In addition, the plaintiff's loan claim against the defendant B was completed by extinctive prescription.

C. Defendant D’s assertion that Defendant D is liable for the repayment of the above loan obligations.

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