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Reasons
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(영문) 수원지방법원 평택지원 2018.10.25 2017가합10604
대여금
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1. The Defendant shall pay to Plaintiff A KRW 20 million, KRW 300 million to Plaintiff B, and each of them shall be fully paid from August 4, 2016.

Reasons

1. The obligee A and the obligor C shall enter into a monetary loan agreement and guarantee D as follows:

Article 1 (Amount of Rent)

1. Total amount: 200 million won per day;

2. Interest: 3% per month, Article 2;

1. Period for borrowing: From August 4, 2016 to February 3, 2017;

2. Date of payment of interest: Interest Article 3 (Security) C shall, after the third day of each month, have 20,000 shares out of the shares of the stock company E held in borrowing the above amount offered as a security and shall be substituted by the minutes of the board of directors;

August 4, 2016, A (affixing) C (affixing) D (affixing seals)

A. On August 4, 2016, each of the following contracts (hereinafter “each of the instant contracts”) was written in the names of the Plaintiffs and the Defendant.

The creditor B and the debtor C will enter into a monetary loan contract as follows, and D will guarantee that it will be guaranteed by D:

Article 1 (Amount of Rent)

1. Total amount: 300 million won per day;

2. Interest: 3% per month, Article 2;

1. Period for borrowing: From August 4, 2016 to February 3, 2017;

2. Date of payment of interest: Interest C at the third day of each month and Article 3 (Security) shall, in borrowing the above amount, have 30,000 shares of E, which are held as a security, be offered as a security and shall be substituted by the minutes of the board of directors;

August 4, 2016, B (sealed) C (Signature) Co., Ltd. (Signature)

B. At the time, each of the instant contracts: (a) the Defendant F’s internal director F signed and sealed the Defendant’s corporate seal imprint; (b) the F, on the same day, prepared a receipt in the name of the Defendant that received KRW 200 million from the Plaintiff A, and KRW 300 million from the Plaintiff B.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1 and 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the formation of each of the instant contracts by the Plaintiffs 1, G, the representative director of the Defendant’s registration, is the external seal of the company.

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