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(영문) 서울남부지방법원 2017.08.31 2016가단237671
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 53,788,80 and Defendant A Co., Ltd. from July 13, 2016.

Reasons

1. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the defendant corporation (limited to the defendant corporation) borrowed KRW 53,788,800 from the plaintiff around February 23, 2016, and as to this, on April 28, 2016, the loan certificate (a certificate No. 1; hereinafter "the loan certificate of this case") was prepared and issued to the plaintiff on April 28, 2016, and on April 28, 2016, the defendant corporation jointly and severally guaranteed the above debt of the defendant corporation. Accordingly, the defendants are jointly and severally liable to pay the plaintiff the above loan amount of KRW 53,788,800 and the damages for delay calculated from July 13, 2016 to July 15, 2017, on the record that the original copy of the payment order of this case was served.

2. Judgment on the defendants' assertion

A. The summary of the Defendants’ assertion was agreed to pay a total of KRW 200 million to the Defendant Company for the purpose of design preservation expenses of C History. Since the instant loan claimed by the Plaintiff was paid as a partial repayment of the above KRW 200 million, not a loan actually granted, the Plaintiff’s claim of this case is without merit.

B. (i) According to the evidence evidence No. 8, the Plaintiff decided to participate in the agreement with the Defendant company, etc. before the public invitation of the C Station Museum ordered by the Incheon Jung-gu Office on November 2013, 2013. The fact that the Defendant company agreed to provide the Defendant company with support of KRW 100 million as the cost of preserving the shop design when the work is elected is selected is recognized.

However, comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1 and Eul evidence No. 2, the defendant company received KRW 50 million from the plaintiff on April 28, 2016, and thereafter thereafter raises an objection in relation to the above Cre station Museum's architectural design cost preservation agreement.

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