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(영문) 서울중앙지방법원 2018.10.10 2017나89461
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On December 2, 2003, the Plaintiff leased KRW 250 million (hereinafter “instant loan”) to Defendant B Co., Ltd. (hereinafter “Defendant Company”) at the maturity date, December 2, 2004, at the rate of 19% per annum, and Defendant C guaranteed the instant loan obligations.

Meanwhile, the Defendant Company, upon borrowing the instant loan, delivered to the Plaintiff a promissory note issued by the educational foundation D (hereinafter “D”) as an endorser for the payment of the instant loan. (The issuance date on January 12, 2004, the face value of KRW 150 million, and the due date on May 12, 2004).

B. As the Defendant Company did not pay part of the debt of this case, and D did not pay part of the debt of this case even after the payment date of the above Promissory Notes, the Plaintiff filed a lawsuit against the Defendants claiming for the payment of the loan and claiming the payment of the payment of the bill (Seoul Central District Court 2007Da44291). On May 1, 2007, the court rendered a judgment that “The Plaintiff shall jointly and severally pay the Plaintiff, and the Defendants shall be jointly and severally pay the amount of KRW 172,052,953 and KRW 9,716,648 (the amount of the loan of this case) from January 30, 207 to February 23, 2007, and KRW 19% per annum from the day after the date of the previous decision to May 13, 2004 (the amount of the loan of this case).”

C. After the previous judgment became final and conclusive in 2007, the Plaintiff and D drafted a written agreement in attached Form 1 (hereinafter “instant agreement”) with regard to D’s obligations based on the previous judgment. D’s repayment of principal amounting to KRW 99,716,648 among the obligations based on the previous judgment and KRW 1,184,900 pertaining to the instant loans is against D’s previous judgment.

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