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(영문) 서울중앙지방법원 2019.12.06 2019가단5126733
대여금
Text

1. The plaintiff, the defendant corporation B and C jointly share 43,170,354 won and the defendant corporation B and D jointly share 43,170.

Reasons

1. On February 5, 2018, the Plaintiff paid KRW 50,000,000 each to Defendant C and D, respectively.

Defendant B (hereinafter “Defendant Company”) was established on February 23, 2018, and Defendant C became the representative director, and the Plaintiff’s inside director E became the inside director of the Defendant Company.

E also acquired 5% of the shares of the Defendant Company.

The Defendant Company paid to the Plaintiff KRW 3,00,000,000 on September 20, 2018, respectively, and KRW 3,000,00 on December 31, 2018.

On April 12, 2019, the Defendants received KRW 50,000,00 each from the Plaintiff on February 5, 2018, but failed to return, respectively, 50,000,000 per annum (payment on the fifth day of each month) and December 31, 2019 (the loss of the interest due date, the loss of the Plaintiff’s interest due date, and the repayment at the request of the Defendant Company even before the due date) set and borrowed the loan as the interest rate of KRW 50,00,00,00 per annum, and each of the Defendants prepared and provided to the Plaintiff a certificate of borrowing that “the Defendant Company will stand a joint and several surety.”

2. Comprehensively taking account of the allegations and the above facts admitted, Defendant C and D shall borrow from the Plaintiff each KRW 50,000,000 at interest rate of 5% per annum, and the Defendant Company shall be deemed as a joint and several surety.

We cannot accept the Defendants’ assertion that the loan certificate is merely a form in light of the aforementioned facts and the details of the loan certificate.

On the other hand, since the Defendants delayed the payment of interest and the Plaintiff claimed the return of the borrowed amount, the Defendants are obligated to return the borrowed amount.

KRW 15,00,000 paid by the Defendant on September 20, 2018, and KRW 3,000,000 paid on December 31, 2018 by the Defendant is appropriated in the order of the same amount as the interest and principal on each of the loans of Defendant C and D.

Accordingly, on December 31, 2018, 43,170,354 won of principal as of December 31, 2018 remain.

Therefore, the defendant company and the defendant C, the defendant company, and the defendant D are jointly obligated to pay 43,170,354 won and interest and delay damages.

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