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(영문) 서울고등법원 2015.02.11 2014나41270
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. From December 3, 2008, the Plaintiff lent money to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on several occasions.

B. On December 15, 2013, the Plaintiff and Defendant Company agreed to determine the amount not repaid out of the loans during the said period, and agreed to the due date on March 15, 2014, and the delay damages rate of 2.5% per month, and prepared “the renewal of the loan certificate” (hereinafter “the loan certificate of this case”). On the same day, Defendant C guaranteed the Defendant Company’s obligation to return the principal and interest of the loan of this case.

[Grounds for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. Between the Plaintiff’s assertion and the Defendants, on December 15, 2013, the leased principal determined at the time of settlement is KRW 190 million, and the loan certificate of this case also states the same as the loan certificate of this case. As such, the Defendants are jointly and severally liable to pay the Plaintiff the balance of the loan amount of KRW 190 million and the agreed damages for delay.

B. The summary of the Defendants’ resistance dispute is that the sum of the amounts borrowed from December 3, 2008 by the Defendants was KRW 240 million, and that amount was KRW 60 million among them, and the remainder of the borrowed amount was KRW 180 million, and the Plaintiff unilaterally corrected the amount of the borrowed amount.

3. In full view of the evidence mentioned above and the evidence stated in Gap evidence No. 6, the balance of the leased principal agreed upon at the time of the preparation of the loan certificate of this case can be sufficiently recognized as KRW 190 million, and each statement stated in Eul evidence No. 1 through 3 (including the number of each number) is insufficient to reverse it, and there is no other counter-proof.

① On October 15, 2013, the Defendants, with the content that the Plaintiff settled the borrowed principal amount of KRW 180 million, shall be subject to the renewal of the loan certificate (as stated in subparagraph 1-2 and subparagraph 1-1).

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