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수원지방법원 평택지원 2018.08.23 2018가단355
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 8, 2017, the Plaintiff asserted that the Plaintiff lent KRW 30 million to C as a fund necessary for the operation of the bank, “D” operated by C.

C paid to the Plaintiff a total of KRW 36 million, including interest rate of KRW 6 million, and paid KRW 36 million each day from June 9, 2017 to September 16, 2017.

C repaid only 17 million won out of 36 million won by December 31, 2017. From June 9, 2017 to June 2017, 2017, the said amount was appropriated to KRW 4,438,356 per annum, which is the highest interest rate under the Interest Limitation Act, and the remainder was appropriated to the principal and calculated after appropriating it to the principal, the remaining principal shall be KRW 17,398,356.

Therefore, C is obligated to pay the Plaintiff the said KRW 17,398,356 and the damages for delay.

Since the defendant as a child of C succeeds to the business from C and currently operates D, he/she is jointly and severally liable to pay the above debt due to the business of C in accordance with Article 42(1) of the Commercial Act.

Even if liability under the above Commercial Code is not recognized, since the defendant promised to repay the above debt jointly with C, the defendant is liable to pay the above debt accordingly.

2. However, the Defendant succeeded to C’s business solely on the basis of the statements in the evidence Nos. 2 and 6.

It is insufficient to recognize that the Defendant agreed to jointly and severally pay the Defendant’s obligation to the Plaintiff, and there is no other evidence to acknowledge it.

3. The plaintiff's claim is dismissed.

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