(영문) 서울중앙지방법원 2018.09.13 2018가합508057

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.09.13 2018가합508057

대여금

Text

1. As to KRW 275,200,000 and KRW 200,000 among the Plaintiff, the Defendant shall pay to the Plaintiff the Plaintiff KRW 275,20,000 from December 10, 2017 to June 12, 2018.

Reasons

1. Basic facts

A. On October 8, 2015, the Plaintiff entered into a monetary loan agreement (hereinafter “instant agreement”) with Company B (hereinafter “B”), stating that the Plaintiff shall lend KRW 200 million to B, and the due date shall be 1% per month (payment on March 8, 2016), and that the interest shall be 1% per month (payment on March 8, 201). If the Plaintiff fails to pay the principal and interest to the Plaintiff, the Plaintiff would compensate the Plaintiff for the delayed damages due to the delay until the due date of payment by 120 won per day (hereinafter “instant agreement”).

At the time, the Defendant jointly and severally guaranteed the obligation owed to the Plaintiff pursuant to the instant agreement.

B. B did not pay KRW 200 million to the Plaintiff by March 8, 2016, the due date stipulated in the instant agreement, and did not pay interest on KRW 200 million from August 2016.

C. B as of November 2017, the amount to be repaid to the Plaintiff under the instant agreement is KRW 200,000,000 for the loan amounting to KRW 35.2 million [Around August 2016 x 16 months (from August 2016 to November 2017] and KRW 40,000 for damages (=20 million x 20%).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 275.2 million (i.e., KRW 200 million interest amounting to KRW 35.2 million), and damages for delay.

B. As to the Defendant’s assertion, the Defendant asserts that the Defendant’s guarantee period stipulated in the instant agreement is one year from March 8, 2016, which is the due date, and thus, the Defendant’s guarantee obligation was extinguished as of March 7, 2017.

However, according to Article 5 of the instant arrangement, “The Defendant shall be jointly and severally liable for the performance of the instant agreement with B,” and there is no evidence to recognize the Defendant’s guarantee period as one year from the due date.

Therefore, the defendant's argument is without merit.

(c).

유사 판례

-창원지방법원 통영지원 2018.09.05 2018가단23741

-춘천지방법원 2019.08.28 2018나53662

-광주지방법원 2020.01.31 2019나57489

-서울중앙지방법원 2019.06.18 2018가단5162695