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(영문) 서울중앙지방법원 2016.11.18 2016가합511639
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50 million and the Plaintiff’s amount of KRW 50 million:

A. Defendant B Co., Ltd. on December 12, 2014

Reasons

1. Basic facts

A. On November 3, 2014, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) and the Defendant Company to sell all the shares and management rights of the C&C for KRW 6 billion (hereinafter “the purchase and sale contract for the shares and management rights of this case”).

B. After the Defendant Company: (a) paid only KRW 5.45 billion to the Plaintiff with the purchase price for the instant shares and management right; (b) on December 12, 2014, the Defendant Company drafted a loan certificate stating that the Defendant Company borrowed the remainder of KRW 550 million from the Plaintiff (i.e., KRW 6 billion - KRW 5.45 billion - KRW 5.5 billion), at interest rate of KRW 2% (hereinafter “the instant loan certificate”); and (c) Defendant C and D signed and sealed the instant loan certificate as a joint guarantor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the facts based on the determination as to the cause of the claim, following the preparation of the loan certificate of this case, a quasi-loan agreement was concluded between the plaintiff and the defendant company on the balance of 550 million won in the purchase price under the purchase contract for the shares and management rights of this case. The contract between the plaintiff, the defendant C, and D on the debt of the defendant company under the above quasi-loan agreement was concluded. Thus, the defendants jointly and severally agreed to the plaintiff about 50 million won and its corresponding amount. ① The defendant company delivered the copy of the complaint of this case from December 12, 2014 to March 24, 2016; ② the interest rate from the next day to the date of full payment, within the interest rate of the above agreement, 15% per annum prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc.; ② the defendant C from December 12, 2014 to December 16, 2016 to the date of the above agreement.

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