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(영문) 광주지방법원 2016.11.09 2015가단30522
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from June 13, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 20, 2013, the Plaintiff determined 150,000,000 interest per annum to Defendant B and lent KRW 3,00,000 per annum (24% per annum). Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) whose representative director was Defendant B (hereinafter “Defendant Co., Ltd”) signed a certificate of borrowing that the Defendant Co., Ltd. jointly and severally guaranteed the Defendant B’s obligation of borrowing funds to the Plaintiff.

B. The Plaintiff from August 20, 2013 to Defendant B

9. up to 30.3 times paid KRW 150,000,000 on three occasions, and received KRW 50,000,000 from Defendant B until December 31, 2014.

[Reasons for Recognition] Uncontentious Facts, Eul-B evidence 1-2, the purport of the whole pleadings

2. The Defendants’ obligation to pay the borrowed money was partially repaid by the Plaintiff and thus notified the Defendants of the payment of the loan. It is deemed that the maturity period of the loan claim has arrived after applying for the instant payment order after a considerable period of time.

The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 100,000,000 and damages for delay calculated by the rate of 20% per annum within the limit of the agreed interest rate from June 13, 2015 to the day of full payment, which is the day following the last service of the instant payment order sought by the Plaintiff.

3. Determination on Defendant Company’s defense

A. Defendant Company asserts that, at the time of joint and several sureties, the representative director of Defendant Company was Defendant B at the time of the joint and several sureties, but there was no substantial representation, so joint and several

The fact that Defendant B was registered as the representative director of the Defendant Company from May 2013 to December 2014 is insufficient to recognize the Defendant’s assertion that Defendant B did not have the power of representation on the ground that there is no dispute between the parties.

The defendant's argument is without merit.

B. The defendant company's act of joint and several sureties as the representative director of the defendant company's personal debt constitutes an act of breach of trust against the defendant company.

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