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(영문) 서울동부지방법원 2016.04.22 2012가단31735
구상금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 38,150,000 won and the interest rate of 15% per annum from June 19, 2012 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an employee of a partnership store that vicariously lends the “Irrhovasty” loan, which is a financial product of Arhovas Capital, under a contract with a loan company (hereinafter “Arhovas Capital”), under which the Plaintiff is an employee of a partnership store that vicariously executes the “Irrhovasty” loan.

B. On October 201, Defendant B applied for a heavy installment loan of KRW 100 million for the instant truck to purchase D B B B B 25.5 tons of construction machinery (hereinafter “instant truck”), and Defendant C jointly and severally guaranteed the said loan application.

(hereinafter “instant loan”). C.

On October 17, 2011, Aju Capital deposited KRW 99,465,00 in the name of Defendant B with the new bank account of E Company F, an affiliated store for loan service, and F deposited KRW 98,830,00,000, which was calculated by deducting the creation cost and stamp from the above money, into the account under the name of Nonparty H, the representative of G Company F, which was scheduled to mediate the instant truck.

After the loan was made as above, Defendant B acquired the ownership of the instant truck, and did not perform the right to collateral security on the instant truck under the name of Arith Capital, but did not perform it. As the Plaintiff demanded the Defendants to repay the instant loan, Nonparty I repaid Nonparty I the instant loan amounting to KRW 60 million on November 18, 201, and KRW 5 million on November 23, 201.

E. Following the failure to repay the full amount of the loan, the Plaintiff repaid the total amount of KRW 39,074,105 on April 12, 2012 in lieu of the Defendant B, in accordance with the partnership agreement with the Ath Capital, on behalf of the Plaintiff. On April 30, 2012, the Plaintiff returned KRW 924,105 to the Athal Capital through the final settlement with the Athal Capital, and finally subrogated the amount of KRW 38,150,000 to the Athal Capital.

F. Meanwhile, on October 26, 201, Aju Capital extended the instant truck by telephone to Defendant B on the instant truck.

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