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(영문) 창원지방법원 2015.04.30 2014가합4842
대여금 등
Text

1. Defendant B’s KRW 100,000,000 as well as 5% per annum from September 7, 2004 to April 30, 2015 to the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff loaned KRW 82 million to D Co., Ltd. on September 29, 2001, KRW 100 million on April 24, 2002, and Defendant B guaranteed each of the above loans, and the Plaintiff agreed to settle each of the above loans at KRW 180 million on February 2003.

Therefore, Defendant B, a joint and several surety obligor, is obligated to pay to the Plaintiff the above KRW 180 million and the damages for delay calculated at the rate of 5% per annum from September 7, 2004 to the delivery date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.

B. On August 12, 2014, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) prepared a letter of commitment that the actual representative would make payment of the progress payment for the macrof rental apartment construction executed by the E Co., Ltd., and that the Defendant Co., Ltd would pay the above KRW 180 million to the Plaintiff.

Therefore, Defendant Company is jointly and severally liable with Defendant B to pay the Plaintiff the above KRW 180 million and damages for delay.

2. Determination as to the claim against the defendant B

A. The judgment on the loan of KRW 82 million on September 29, 2001, the evidence Nos. 1-2 (Evidence) and Nos. 2 (Dismissal) are as follows: “D corporation borrowed KRW 100 million with the loan of KRW 80,000,000 and promised to dispose of and repay the land of this case as seen below immediately in the event D corporation fails to comply with this,” and as Defendant B’s agent’s agent’s signing signing signing signing signing signing signing. However, the other evidence submitted by the Plaintiff was insufficient to recognize that the Plaintiff lent KRW 82 million to D corporation on September 29, 200, and that Defendant B jointly and severally guaranteed it. Therefore, this part of the Plaintiff’s assertion is without merit.

B. On April 24, 2002, the Plaintiff rendered judgment on the loan of KRW 100 million on April 24, 2002 D. D. 24 April 2002.

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