(영문) 전주지방법원 2017.08.11 2016가단14661

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(영문) 전주지방법원 2017.08.11 2016가단14661

차용금

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1. The Plaintiff:

A. The Defendants are jointly and severally liable for 40,000,000 won and each year from February 1, 2016 to August 11, 2017.

Reasons

1. Determination as to the claim for loans worth KRW 40 million

A. Determination 1 on the cause of claim A) The Plaintiff loaned to the Defendant Company a total of KRW 40 million on April 30, 2014, KRW 500,000,000,000 on May 16, 2014, KRW 5 million on May 16, 2014, KRW 6 million on May 27, 2014, and KRW 40 million on July 2, 2014.

B) On September 1, 2015, Defendant C agreed to pay to the Plaintiff KRW 10 million each month from the end of October 2015 to the date of full payment. [Grounds for recognition] According to the above-mentioned facts, the Defendants are jointly and severally liable to pay the Plaintiff the interest on the loan amounting to KRW 40 million and the interest on delay from February 1, 2016 to the date of full payment.

B. The Defendants asserted to the effect that the determination of the Defendants’ defense was paid KRW 40 million as development expenses for the supply of automatic packaging machines, and that the Defendant Company should either offset or reduce the cost of mechanical development when supplying automatic packaging machines to the Plaintiff.

However, there is no evidence to acknowledge the facts alleged by the Defendants, and rather, it is recognized that the Plaintiff paid the price of the automatic packaging machine to the Defendant company as seen below, so the Defendants’ defense is without merit.

2. Determination as to the claim for loans worth KRW 15 million

A. On June 24, 2014, the Plaintiff’s assertion 1) lent KRW 15 million to the Defendants on June 24, 2014, and the Defendants are jointly and severally liable to pay the amount of KRW 15 million. 2) The Plaintiff, on June 24, 2014, lent the Defendant Company a loan of KRW 15 million to the Defendant Company, did not conflict between the parties. Therefore, the Defendant Company is obligated to pay the Plaintiff a loan of KRW 15 million and interest in arrears.

On the other hand, Defendant C agreed to guarantee the above loan obligations.

There is no specific assertion or proof as to the requirement of the repayment of the above loan with or jointly with the defendant company.

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