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(영문) 서울남부지방법원 2018.11.07 2018가단3698
손해배상금 등
Text

1. Defendant D’s KRW 50,500,000 and as to the Plaintiff, 6% per annum from December 20, 2017 to May 15, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in credit business under the trade name of E, and the Defendant corporation is a corporation engaged in the business related to agriculture, livestock industry, Defendant C is an auditor of the Defendant corporation, and Defendant D is a representative of the corporation engaged in the real estate development business under the trade name of F Co., Ltd.

B. The Plaintiff received a proposal from Defendant D, which became aware of as a result of the introduction of the branch, to bear one half of the costs and revenues with respect to “the business from which the interest on loans in arrears by the Defendant corporation may be paid on behalf of the principal and the fees therefor, and profits from the payment of investment cards from the members of the Defendant Association” (hereinafter “instant proposal”).

C. On December 4, 2017, the Plaintiff accepted the instant proposal and agreed with the Defendant corporation to the effect that “the members of the Defendant corporation pay the investment amount, install the Plaintiff’s E- Card in the office at the time of credit settlement, and pay the Plaintiff’s deposit amount to the Plaintiff and the Defendant corporation’s representative once every ten days, and make settlement once every ten days.” In addition, the Plaintiff agreed to the effect that “the interest rate of the Defendant corporation’s loan interest of KRW 65 million shall be paid by the Plaintiff on behalf of the Plaintiff, and the Defendant corporation shall pay the said KRW 65 million in total and interest 15 million shall be paid within 30 days after the payment by the Plaintiff on behalf of the Plaintiff.”

At the time of the agreement set forth in paragraph (3) above (hereinafter “instant agreement”), the representative director of the Defendant corporation was G, but Defendant C, on behalf of the said representative director, entered into the instant agreement on behalf of the auditor and G of the Defendant corporation, and Defendant D guaranteed the instant agreement.

E. The Plaintiff did not pay the overdue interest on the loans of the Defendant corporation to the Defendant corporation, and instead, the Defendant D’s proposal that “if the Plaintiff paid the Plaintiff’s share to Defendant D’s account, the Defendant D would transfer it to the Defendant corporation along with the Defendant’s share of the Plaintiff’s own share of the Plaintiff’s account,” which is the overdue interest loan under the above paragraph (c), as the overdue interest loan stipulated in the above paragraph (c), is KRW 20 million;

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