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(영문) 서울남부지방법원 2016.12.15 2016가합1459
대여금지급 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff’s assertion against the Defendant: (a) KRW 386,941,461,461, including the loan, loan, loan, and loan, KRW 135,000,000,000,000 as loan, KRW 200,000,000,000,000,000,000 won; (b) and damages for delay.

1) Loan Claim 1) C (hereinafter “C”)

On January 28, 2005, the Plaintiff, an employee of the Plaintiff, lent KRW 50 million to the Defendant at the rate of 9% per annum from January 31, 2005 to January 31, 2006, and thereafter, the Plaintiff acquired C. The Defendant paid KRW 15 million out of the above loan and did not pay the remainder of KRW 35 million. 2) On February 28, 2007, the Plaintiff lent the loan to the Defendant as the due date for repayment on May 28, 2007, with the Defendant’s default on payment.

3) Therefore, the Defendant is obligated to pay the loan amounting to KRW 135 million (i.e., loan amounting to KRW 35 million on January 28, 2005) to the Plaintiff (i.e., loan amounting to KRW 100 million on February 28, 2007). (ii) During the process of issuing the performance guarantee insurance policy to submit to a broadcasting company for concluding a drama production contract with the initial broadcasting company, the Plaintiff is required to jointly and severally guarantee the representative director and the registration officer from the Seoul Guarantee Insurance, and at the time, the Defendant acquired real estate by lending KRW 20 million to the Defendant who was the Plaintiff’s registered director at the time of the establishment, and thereafter, was able to use the pertinent real estate (joint and severally guaranteed

On December 5, 2005, the Plaintiff lent KRW 200 million to D’s employees, and made D again lend KRW 200 million to the Defendant. On September 30, 2009, the Plaintiff acquired the loan claim amounting to KRW 200 million against D from D.

Therefore, the defendant is liable to pay the above amount to the plaintiff.

(c).

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