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(영문) 서울중앙지방법원 2016.07.14 2015가단182778
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 150,000,000 won and the interest rate of 18% per annum from July 1, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 1, 2014, the Plaintiff entered into an agreement on loans (hereinafter “instant agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) as follows. Defendant C and D jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff under the instant agreement. The main contents of the instant agreement are as follows.

D. A joint guarantor of the defendant company: A joint guarantor of the defendant company: 150,000,000,000: the interest rate: 18% per annum; and the repayment method on June 30, 2017: the defendant company shall pay 150,000,000,000 to the plaintiff's bank account at the due date.

A special agreement: The defendant company shall, if it delays the payment of interest on the plaintiff for at least three months, lose the benefit of the deadline and immediately repay all the remaining obligations.

B. The Plaintiff paid 150,000,000 won under the instant agreement by remitting the total amount of KRW 150,000,000 on June 23, 2014 to the bank account (Account Number:F) in the name of the E used by the Defendant Company for its business.

C. Under the instant agreement, the Defendant Company paid interest to the Plaintiff up to June 30, 2015, but did not pay the following interest.

【In the absence of dispute on the ground of recognition, Gap evidence No. 1 (the document for rent; the defendants are the documents prepared in falsity upon the plaintiff’s husband’s request by E, and thus, it cannot be used as evidence. However, it is not sufficient to acknowledge the evidence only with Gap evidence No. 3, Eul evidence No. 1-2 through No. 4, and Eul evidence No. 2, and there is no other evidence to acknowledge it. Thus, the defendants’ evidence defenses cannot be accepted), Gap evidence No. 2-1, No. 2, and No. 18-1 through No. 9, the whole purport of the pleadings, and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the facts acknowledged prior to the determination of the cause of the claim, the defendant company in this case.

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