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(영문) 광주지방법원순천지원 2015.10.22 2015가단11858
대여금
Text

1. Defendant B’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from May 1, 2013 to July 3, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants have been engaged in multiple monetary transactions with Defendant B, and the Plaintiff has been engaged in multiple monetary transactions with Defendant B.

On March 31, 2013, the Plaintiff asked Defendant B to borrow money as the cost of equipment for Defendant B Co., Ltd. and agreed to lend KRW 30 million to Defendant B at one month.

In addition, the Plaintiff remitted the amount of KRW 30 million to Defendant C’s bank account, and the said amount was used as the corporation’s operating expenses.

B. Meanwhile, between May 20, 2009 and March 20, 2012, Defendant B served as an auditor of D Co., Ltd. (Co., Ltd. E on April 2, 2015) who is a construction company, and is in office as an internal director from March 20, 2012 to March 20.

As between March 20, 2012 and March 31, 2015, Defendant C served as an internal director of Defendant C.

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

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B, as a borrower, is obligated to pay the Plaintiff a delay compensation calculated at the rate of 5% per annum as stipulated in the Civil Act from May 1, 2015 to July 3, 2015, the original copy of the instant payment order was served on Defendant B as the principal of the loan amounting to KRW 30 million, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. According to the facts of the above recognition as to the claim against Defendant C, a person who borrowed the instant loan is merely Defendant B, and Defendant C borrowed the said loan amount of KRW 30 million jointly and severally with Defendant B.

The plaintiff's claim against the defendant C is without merit, since there is no assertion or evidence as to the fact that he/she or joint and several sureties with respect to repayment.

4. Conclusion of the Plaintiff’s claim against Defendant B, and the claim against Defendant C is dismissed.

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