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(영문) 서울남부지방법원 2015.10.22 2015가단211375 (1)
대여금
Text

1. The Defendants jointly do so to the Plaintiff at USD 90,000,000 in U.S. dollars and its related thereto from August 1, 2011 to October 1, 2015.

Reasons

1. Facts of recognition;

A. On July 4, 2010, the Plaintiff lent 100,000 U.S. dollars to Defendant B who manufactured and sold human eyebrow with business funds (hereinafter “US”) at KRW 5,00 for six months from July 2010 and KRW 10,00 per month from January 201 to July of the same year, and Defendant C guaranteed this.

B. The Defendants provided part of the goods to the Plaintiff and deducted USD 10,000 from the loan amount.

[Evidence] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Examining the Plaintiff’s assertion as to the Plaintiff’s claim, the Plaintiff filed a claim for payment of USD 90,00 which was not paid and damages for delay thereof, barring any special circumstance, the Defendants are jointly obligated to pay to the Plaintiff the amount calculated at each rate of USD 90,00 and KRW 15% per annum under the Commercial Act from August 1, 201, which is the final due date until October 22, 2015, where it is deemed reasonable to dispute the existence and scope of the Defendants’ obligations to pay to the Plaintiff, barring any special circumstance.

3. The above defendant Eul's assertion that since the supply of goods equivalent to USD 5,00 was made four times, the above defendant alleged that USD 20,000 was deducted and finally liable to pay USD 80,000. However, there is no evidence to find that there was an additional supply in addition to the supply of goods equivalent to USD 10,00,00 as seen earlier, the above defendant's above assertion is without merit.

4. Thus, the plaintiff's claim against the defendants is justified only within the extent of the above recognition, and the remaining claims are dismissed as they are without merit.

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