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(영문) 서울서부지방법원 2016.08.26 2015가단22581
차용금
Text

1. Defendant B Co., Ltd, C Co., Ltd, D, and E jointly with the Plaintiff KRW 90,476,711 and its related amount on October 2, 2014.

Reasons

1. Facts of recognition;

A. On May 24, 2013, the Plaintiff lent KRW 300,000,000 to Defendant B Co., Ltd. (former trade name was G Co., Ltd.). However, after two months, the Plaintiff was paid KRW 370,000,000, and the overdue interest of KRW 2.5% per month was paid upon the date of repayment.

At the time, Defendant C Co., Ltd. and Defendant D were the guarantor, and Defendant E promised to pay the above loans together thereafter.

B. In accordance with the foregoing lending agreement, the Plaintiff transferred KRW 180,000,000 to Defendant B via H on May 28, 2013, and transferred KRW 120,000,000 under the name of I on June 4, 2013.

Of the money transferred by the Plaintiff, 160,000,000 won is I’s funds.

C. On September 29, 2014, Defendant B remitted KRW 20,000,00 to the I’s account through J (J) (i.e., KRW 160,000,000 to the I’s funds, and otherwise there is no reason to remit money to I, it is inevitable to regard the repayment of the loan as the repayment of the loan), and on October 1, 2014, Defendant B repaid KRW 310,000,000.

Grounds for Recognition: Facts without dispute, Gap 1 through 4, Gap 6 and 10, and the purport of the whole pleadings

2. Determination

A. According to the evidence before the claim against Defendant F, it is recognized that Defendant F was the representative director of Defendant B, but there is no evidence to prove that Defendant F guaranteed the above loans individually. Thus, the claim against Defendant F is without merit.

B. The remaining Defendants asserted that they should first appropriate the amount repaid by Defendant B to the principal. However, the entries alone are insufficient to deem that there was an agreement to first cover the principal, and there is no other evidence. Accordingly, the amount repaid should be appropriated in the order of delay damages and principal amount. 2) As of September 29, 2014, the interest amount of KRW 300,000 (370,000,000) on loans as of September 29, 2014 (370,000,000) and delay damages should be deemed to be in the name of interest. The interest amount of KRW 30,00,000 shall be calculated on a yearly basis within the limit of the Interest Limitation Act (the interest amount shall be calculated on May 28, 2013) and delay damages shall be calculated as interest.

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