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(영문) 대구지방법원안동지원 2016.09.28 2015가단4993
대여금등
Text

1. The Defendant’s KRW 196,302,592 as well as 6% per annum from June 18, 2015 to September 28, 2016 to the Plaintiff.

Reasons

1. The following facts can be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4:

On November 15, 2010, agricultural partnership C (hereinafter referred to as “foreign corporation”) was established for the purpose of collaborative management of agriculture and operation of rural recreation villages to improve productivity.

The total amount of contributions paid for the incorporation of the non-party corporation is 50 million won, and the husband D of the plaintiff and his husband D invested 6.25 million won, each of which is 12.5 million won by the defendant, E, and F.

B. On February 7, 2011, the Plaintiff leased KRW 200 million (hereinafter “the instant loan”) to a non-party corporation by setting the interest rate of KRW 6% per annum and the due date of repayment by February 7, 2013.

On the same day, the defendant jointly and severally guaranteed the obligation to return the principal and interest of the non-party corporation.

2. Determination

A. According to the above facts, barring any special circumstances, the Defendant, a joint guarantor, is obligated to return the principal and interest of the instant loan to the Plaintiff, a lender, barring any other special circumstances. 2) Furthermore, the Plaintiff, against the Defendant, further, sought payment of KRW 22 million paid by the Plaintiff to the non-party corporation from 2010 to 2012, and KRW 30 million paid as design service costs by subrogation of the non-party corporation on June 4, 2012.

The defendant agreed to pay the money that the plaintiff paid on behalf of the non-party corporation or the non-party corporation in order to seek the payment against the non-party corporation and the defendant who is a separate legal entity.

(2) or (3) have the legal basis to recognize the obligation to pay such amount.

However, the Defendant agreed to pay the said money or money equivalent to 1/4 to the Plaintiff solely on the ground that the Defendant invested money equivalent to 1/4 in the establishment of the non-party corporation.

evidence or legal nature that may otherwise be admitted as the obligation to pay it.

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