logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.16 2018가단5214503
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 33,977,831 and the interest rate thereon from August 27, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 12, 2017, the Plaintiff made the debtor as Defendant B, and lent KRW 42,00,000,000 per annum 25% per annum and 48 months during the loan period as the purchase price for Jin-Do 450F accusation (hereinafter “instant vehicle”) (hereinafter “instant vehicle”) to Jin-Do 450 vehicles (hereinafter “the instant loan”), and Defendant C prepared a “o-committee” agreement with the contents of the joint and several guarantee of Defendant B’s said obligation (hereinafter “instant agreement”), and remitted the said loan amount of KRW 42,00,000 (hereinafter “instant loan”) to the FF Association account (G) of E Co., Ltd.

B. The interest based on the instant loan obligation was lost, and as of August 26, 2019, the principal amounted to KRW 37,610,051 with respect to the instant loan obligation as of August 26, 2019 remains in KRW 42,402,633 in total.

C. The instant vehicle was sold in Gwangju District Court H, and the Plaintiff received dividends of KRW 8,424,802 in the said auction procedure.

【Grounds for Recognition】 Each entry in the evidence Nos. 1, 9, 11, and 12, and the purport of the whole pleadings

2. The assertion and judgment

A. Defendant B is jointly and severally and severally liable to pay the principal amount remaining after preferentially appropriating the said dividends to the interest, etc. out of the instant loans as joint and several sureties pursuant to the instant contract (i.e., the principal debtor; Defendant C is jointly and severally liable to pay the principal amount remaining after appropriating the said dividends to the interest, etc. (i.e., KRW 42,402,63 - KRW 8,424,802) and damages for delay. (ii) Defendant B performed an act related to the vehicle model, which is the instant vehicle model, as an employee of Defendant B. In the process, the Defendants only lent documents, such as the Plaintiff’s seal imprint and the certificate of personal seal impression, to I in order to lend the Defendants’ name in relation to the purchase of the vehicle for accusation, and thus, the instant contract against the Defendants is null and void.

(b) Determination Gap's evidence Nos. 1, 3, 4, 5, 8, 9 (including branch numbers, if any), and Eul's statement No. 1, the purport of the whole pleadings.

arrow