logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2015.05.27 2014가단24174
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80,000,00 and 5% per annum from November 25, 2013 to August 4, 2014.

Reasons

1. Basic facts

A. On April 25, 2013, Defendant B Co., Ltd. (hereinafter “Defendant Company”) supplied the Gangnam-gu Seoul Party E-ground Building Construction Work (hereinafter “instant Construction Work”) from D Co., Ltd. (hereinafter “D”) with construction cost of KRW 1.368 billion.

B. On September 17, 2013, the Plaintiff transferred KRW 45 million to the account of each Defendant Company, KRW 25 million on September 24, 2013, and KRW 10 million on October 2, 2013.

C. As of September 17, 2013, Defendant Company written a joint and several surety with the following purport: “The Plaintiff borrowed KRW 55 million from the Plaintiff, and the payment for the completed portion shall be made in full,” and as of October 2, 2013, Defendant C, the representative director of Defendant Company, shall pay for the completed portion, respectively.” As of October 2, 2013, the joint and several surety statement stating that “The Defendant C shall jointly and severally pay KRW 80 million from the Defendant Company’s loan.”

D paid 190 million won for the completion of the instant construction work to the Defendant Company in order to October 2013.

E. On November 14, 2013, the Plaintiff sent to the Defendants a content-certified mail stating that “the Plaintiff shall pay KRW 80 million to the Defendants up to November 25, 2013,” and the Defendants received this around that time.

【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1 through 7, Eul evidence 1, the purport of the whole pleadings

2. According to the reasoning of the judgment on the cause of the claim, the Plaintiff loaned KRW 80 million to the Defendant Company as at the time of payment for the completed portion of D, Defendant C guaranteed the Defendant Company’s obligation to borrow funds, and Defendant C guaranteed the Defendant Company’s obligation to compensate for the completed portion on October 2013.

Therefore, barring any other circumstances, the Defendants jointly and severally seek from the Plaintiff 80 million won and the Plaintiff with respect thereto, and, as the Plaintiff seeks, 5% per annum prescribed by the Civil Act from November 25, 2013 to August 4, 2014, the delivery date of the original copy of the instant payment order, and 5% from the next day to the day of full payment.

arrow