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(영문) 서울남부지방법원 2018.06.19 2018가단208370
대여금
Text

1. The defendant shall pay to the plaintiff KRW 349,175,00 and KRW 150,000 among them, from December 13, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Upon receiving a request from the Defendant running C (State) around March 8, 2007, the Plaintiff loaned KRW 150 million in total between March 8, 2007 and December 2007.

(hereinafter referred to as “instant loan claim”) B.

With respect to the instant loan claims, the Plaintiff was not paid interest after June 1, 2012, and damages for delay at the rate of 24% per annum from June 1, 2012 to December 12, 2017 are KRW 199,175,00.

C. On June 17, 2013, the Defendant drafted and delivered to the Plaintiff a certificate of performance (Evidence A2) stating that “I, as the loan money, promise I, with the Defendant, to pay off the Defendant the Defendant’s responsibilities that the company would have failed to pay in the event of guaranteeing the above amount of money.”

On January 11, 2016, the Defendant drafted and delivered to the Plaintiff a certificate of repayment (Evidence A 3) stating that “I, in guaranteeing the above money with the borrowed money, promise I will pay in the event of the occurrence of the income in which the company is liable for the failure to pay the unpaid responsibilities.”

E. Meanwhile, on June 20, 2008, C Co., Ltd. was decided to commence rehabilitation proceedings by the Seoul Rehabilitation Court 2008 Gohap36, and was declared bankrupt on August 16, 2013, and was decided to discontinue bankruptcy on February 12, 2015, on the grounds that it is insufficient to cover the expenses for bankruptcy proceedings with the bankruptcy estate. This became final and conclusive on February 27, 2015.

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

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff should pay 20 million won to the plaintiff the interest of 150 million won per month upon the defendant's request. Thus, the defendant's assertion that the defendant should pay the plaintiff the amount stated in the claim. However, the defendant merely lent 150 million won to C (the plaintiff) at the interest rate of 3% per month, and lending 150 million won to the defendant.

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