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(영문) 서울중앙지방법원 2017.09.08 2017가단5027436
보증금 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) was established on March 11, 2015, and D was respectively registered as inside directors, the representative director, and the Defendant respectively in the corporate register.

B. As of June 1, 2015, the loan certificate between the Plaintiff and the Nonparty Company was drawn up as of December 1, 2015, with the effect that the Nonparty Company borrowed KRW 50 million from the Plaintiff by interest rate 2% per month, by the due date until May 31, 3016, with the effect that the Nonparty Company borrowed KRW 20 million from the Plaintiff as of December 18, 2015, with the interest rate 2% per month, the due date of interest payment, the 18th day of each month, the due date of December 17, 2016, the interest rate of KRW 5 million from the Plaintiff as of December 18, 2015, and with the effect that the Nonparty Company borrowed KRW 5 million from the Plaintiff by the due date of interest payment, the due date of interest payment, and December 17, 2016, respectively.

(hereinafter referred to as "each of the above loans in this case") c.

The Plaintiff transferred total of KRW 75 million to the account in the name of D according to each of the instant loan certificates.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. As seen earlier, the Plaintiff asserted that the non-party company borrowed KRW 75 million in total from the Plaintiff three times as business funds. The Defendant guaranteed the obligation of the above loan to the Plaintiff by jointly establishing the non-party company D and the non-party company, along with D, from October 2016 to December 15, 2016. The Plaintiff sent text messages between the Plaintiff and the non-party company and the non-party company and recognized the liability for repayment under the above guarantee. On November 17, 2016, the Defendant was also liable to repay the Plaintiff KRW 10 million with interest on November 2016 (=50 million in total) and interest on KRW 1 million in total (2%) and interest on KRW 40 million in total from December 18, 2016 to December 18, 2016 (200 million in total) (i.e., interest on KRW 40 million in total).

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