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(영문) 서울고등법원 2015.02.12 2014나2009333
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants shall jointly and severally serve as the Plaintiff KRW 109,915,068.

Reasons

1. Basic facts

A. Defendant B is a company that manufactures and sells Onnuri stones and carpets, etc., and Defendant C is a person who actually manages Defendant B.

B. On October 6, 2012, the Plaintiff leased the Defendants KRW 130 million with interest at KRW 20 million on November 20, 2012 and the due date until the due date set at KRW 20 million.

(hereinafter “instant loan”). C.

The Defendants failed to repay the above loan by the maturity date, and requested the Plaintiff to reduce the interest accrued until the said maturity date. Accordingly, on November 13, 2012, the Plaintiff made a reduction of the above interest amounting to KRW 15 million. The Defendants agreed to pay the Plaintiff the above interest amounting to KRW 15 million and KRW 145 million, which is the sum of the loan amounting to KRW 130 million and KRW 150 million, which is the sum of the loan amounting to KRW 150 million. The Defendants issued a promissory note with Defendant B’s face value at KRW 145 million.

Since then, on November 24, 2012, the Defendants prepared and sent a letter stating that they promised to deliver 3,000 national sets and 300 national sets up until December 15, 2012, as a condition for the collection of the said promissory note, to the Plaintiff (hereinafter “each of the instant notes”) on the condition that they return the said promissory note to the Plaintiff.

E. On the other hand, around July 10, 2013, the Plaintiff received from the Defendants 500 Y from the employees 500 YY, and the Defendants decided to pay cash and accept it until August 30, 2013, but did not accept it.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 4-1, 2, the purport of the whole pleadings

2. The assertion and judgment

A. On October 6, 2012, the Plaintiff determined the cause of the claim to the Defendants on November 20, 2012, setting the period of repayment to the Defendants on November 20, 2012, and lending KRW 130 million to the period of repayment, which was KRW 15 million, but decided to receive a total of KRW 145 million by reducing the above interest to KRW 15 million. As the Plaintiff was a person, the Plaintiff’s lending date of the instant loan was from October 6, 2012.

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