(영문) 서울중앙지방법원 2019.01.17 2017가합552903

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(영문) 서울중앙지방법원 2019.01.17 2017가합552903

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 27, 2016, the Plaintiff lent KRW 500 million interest at 25% per annum to C Co., Ltd. (hereinafter “C”) and on July 6, 2016. D, the Defendant’s birth, guaranteed C’s loan obligations.

B. The guarantor column of the monetary loan contract prepared by the Plaintiff and C when entering into the monetary loan contract as above (hereinafter “the monetary loan contract of this case”) is indicated in addition to D, the Defendant’s name is indicated, and the Defendant’s seal impression is affixed next to the name of the Defendant.

C. The Plaintiff filed the instant lawsuit against the Defendant, C, and D, and on June 5, 2018, the Defendant jointly and severally paid KRW 500 million to the Plaintiff by July 5, 2018. If the Defendants fail to pay the said money by the payment date, the Defendants rendered a decision to adjust the amount payable to the Plaintiff by adding an annual interest rate of 24% from the day following the said payment date to the day of full payment (Seoul Central District Court Decision 2018s.546937), and the Plaintiff, C, and D did not raise an objection to the said decision, and thereafter, the said decision became final and conclusive as is, around that time, between the Plaintiff, C, and D.

(Defendant submitted a written objection to the above decision on June 17, 2018). [Grounds for recognition] The fact that there is no dispute, entry and shape of evidence No. 1, No. 3, evidence No. 1-2, No. 4, and evidence No. 2, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The guarantor of the monetary loan contract of this case bears the duty to pay a deposit amount of KRW 500 million and a penalty of KRW 50 million and damages for delay, as long as the defendant fails to prove that his/her seal imprint has been affixed against his/her will, since his/her seal imprints, the defendant's seal imprints against his/her will.

B. The right of representation to conclude the instant guarantee agreement with D also.

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