logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.10.12 2017가단100534
손해배상(기)
Text

1. Defendant D Co., Ltd. shall pay to the Plaintiff KRW 200,000,000 and the interest thereon from October 22, 2014 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant D

A. (1) On February 21, 2014, the Plaintiff transferred the total amount of KRW 200 million to the deposit account in the name of Defendant D Co., Ltd. (hereinafter “Defendant Company”).

(2) From March 20, 2014 to November 26, 2011 of the same year, Defendant Company paid to the Plaintiff a total of KRW 24 million as interest on the said loan. This would have paid the interest calculated at the interest rate of 18% per annum from February 22, 2014 to October 21, 2014 following the above loan.

[Judgment of the court below] The judgment of the court below

B. According to the facts of the determination as to the cause of the claim, the Defendant Company is obligated to pay to the Plaintiff the interest rate of 18% per annum from October 22, 2014 to the date of full payment, which is the day following the date of final payment of the loan amount of 200 million won and the interest on the loan amount of 200 million won and the interest thereon.

2. Determination as to claims against Defendant B and C

A. The plaintiff asserted that the plaintiff is jointly and severally liable with the defendant company as the defendant company's director or representative director of the defendant company as the defendant company's director or representative director, and thus, the defendant company is jointly and severally liable to pay the above money.

B. However, each statement of Gap evidence Nos. 3, 4, 6, and 9 (including additional numbers) is insufficient to recognize the fact that the above defendants offered joint and several sureties to the defendant company beyond the fact that the above defendants introduced the defendant company to lend the above money to the defendant company. The plaintiff's assertion in this part is without merit, since there is no other evidence to acknowledge the above facts.

Rather, comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, and 5, ① all of the above loans and interest was made through a deposit account in the name of the defendant company, ② most of the above loans were used as the operating funds of the defendant company, and ③ the plaintiff was also the plaintiff.

arrow