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(영문) 대구지방법원 2018.01.26 2017가단13769
대여금
Text

1. Defendant B and Defendant C jointly and severally with the Plaintiff KRW 45,00,000,000 and the aforementioned amount shall be from August 5, 2017 to January 2018.

Reasons

1. Basic facts

A. Under Defendant C’s joint and several sureties, the Plaintiff loaned total of KRW 100 million to Defendant B (hereinafter “Defendant Company”) KRW 30 million on September 23, 2016, KRW 50 million on September 16, 2016, and KRW 20 million on November 2, 2016.

B. The Plaintiff has not been reimbursed KRW 45 million out of the above loan 100 million until now.

C. Defendant D is the representative director of the Defendant Company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the Plaintiff’s claim against the Defendant Company and the Defendant C, the Defendant Company, and the Defendant C jointly and severally, are liable to pay to the Plaintiff the amount of KRW 45 million outstanding out of the above borrowed amount of KRW 100 million, and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from August 5, 2017 to January 26, 2018, which is the day following the date of the final delivery of the copy of the instant complaint, which is the date of the instant judgment, and from the next day to the day of full payment, to the day of full payment.

B. As to the Plaintiff’s claim against Defendant D, (1) The Plaintiff asserted that the Plaintiff transferred KRW 100 million to Defendant D’s bank account.

Defendant D, together with Defendant C, said that the Plaintiff would be individually responsible for the above loans while actually owning and operating the Defendant Company.

On January 2017, the Plaintiff knew that the Defendants used the borrowed amount as construction expenses of another company, unlike the promise, and resisted the Defendants. Accordingly, the Defendants agreed to return the borrowed amount by February 28, 2017. On April 19, 2017, the Defendants drafted a letter of intent to repay the borrowed amount of KRW 100 million by May 20, 2017.

Therefore, Defendant D is jointly and severally liable to repay the above loan to the Plaintiff with Defendant Company and Defendant C.

(2) According to the evidence Nos. 1, 2, and 3, Defendant D is the representative of the Defendant Company.

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