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(영문) 서울중앙지방법원 2016.08.26 2016가단3711
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 24,00,000 on the Plaintiff and as a result, from April 28, 2014 to April 6, 2016.

Reasons

1. The following facts are based on the following facts: (a) there is no dispute between the Plaintiff and the Defendant; (b) there is evidence No. 1, No. 2, and No. 4 in full view of the purport of the entire pleadings; and (c) there is evidence No. 1, No. 2, and No. 4 among the Plaintiff and the Defendant, based on the whole purport of the pleadings.

The Plaintiff is a specialized sports-related company. The Defendants, while serving as the professor of the Cuniversity, have established a “C-A golf club” and intended to operate a single golf instructor course (hereinafter “C-A golf instructor course”).

B. On September 25, 2013, the Plaintiff and the Defendants: (a) leased KRW 30,000,000 to the Defendants with the term of contract fixed from September 23, 2013 to February 28, 2014; and (b) the Defendants entered into a loan agreement with the Bank of Korea (hereinafter “instant loan agreement”); (b) the Defendants, from October 2013 to October 2013, sent KRW 30,000,000 to the account of Defendant B’s financial institution on September 27, 2013.

C. The Defendants were unable to repay the above loan amount by the maturity date, which is the expiration date of the loan contract of this case, as CG instructors did not run well, but Defendant A repaid KRW 6,00,000 out of the above loan principal to the Plaintiff on July 31, 2014.

2. Judgment on the plaintiff's claim

A. According to the reasoning of the judgment as to the cause of the claim, barring any special circumstance, the term of the loan contract of this case expired on February 28, 2014, the Defendants are jointly and severally liable to pay to the Plaintiff the unpaid amount of KRW 24,000,000 out of the borrowed amount (i.e., the principal of the borrowed amount of KRW 30,000,000 - the repayment amount of KRW 6,000,000) and damages for delay.

B. (i) Defendant A’s assertion is judged, and the Plaintiff and the Defendants are in the instant case.

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