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(영문) 창원지방법원 2018.11.14 2017가단119205
대여금 청구의 소
Text

1. Defendant C shall pay 150,000,000 won to the Plaintiff and 24% per annum from April 26, 2009 to the date of full payment.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) borrowed 150,000,000 won from the Plaintiff on March 12, 2007 at interest rate of 24% per annum and due date of repayment on September 12, 2007.

B. D On June 26, 2012, the principal and interest of the loan and the loan shall be settled at KRW 160,000,000,000 each month and shall be repaid in installments in 3,50,000 each month, and the payment in installments shall be made at least twice consecutively.

The original principal of the loan and interest rate stated in the subsection were promised to pay the interest, and the defendant C as the representative director of D jointly and severally guaranteed the debt D.

C. By January 26, 2017, Defendant C paid the Plaintiff a total of KRW 76,400,000 in the name of Defendant C, D, Defendant Company, E (Defendant C’s wife), and F (Defendant C’s wife). Of that, the amount paid in the name of the Defendant Company is KRW 5,00,000.

[Reasons for Recognition] 1, 2, 4, and 6 (including paper numbers) of each of the statements and the purport of the whole pleadings

2. Determination

A. The part of the claim against Defendant C, as a joint and several surety of Defendant C, is obligated to pay the Plaintiff the loan amount of KRW 150,000,000,000 and the damages for delay at the rate of 24% per annum from March 12, 2007 to April 26, 2009 (the amount of KRW 76,40,000 paid by Defendant C up to January 26, 2017 was appropriated for the agreed interest or damages for delay from March 12, 207 to April 25, 2009) to the date of full payment.

B. On October 27, 2011, the Plaintiff asserted that Defendant C established the Defendant Company and expressed its intent to take over the Defendant Company’s obligation of borrowed money, and that even if not, G’s new representative director G agreed to pay the Defendant Company’s obligation of borrowed money on behalf of the Defendant Company, the Plaintiff claimed against the Defendant Company the payment of the above borrowed money.

According to the statement in Gap evidence No. 3, the defendant C served as the representative director of the defendant C's company from December 1, 2011 to August 1, 2017, and the defendant C's wife F is the inside director of the defendant company until now.

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