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(영문) 서울서부지방법원 2019.11.15 2019가단11299
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 110,000,000 and the interest rate thereon from May 24, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 20, 2019, the Plaintiff: (a) between the Defendants, Defendant B (hereinafter “Defendant B”) borrowed KRW 10 million from the Plaintiff as interest rate of KRW 2% per annum; (b) May 23, 2019; and (c) Defendant C entered into a monetary loan agreement with the content that the maximum amount of the guaranteed obligation is KRW 110 million and the guaranteed obligation is jointly and severally guaranteed by Defendant B.

B. Accordingly, on May 20, 2019, the Plaintiff transferred KRW 110 million to the account under Defendant B’s name.

[Ground of recognition] In the absence of dispute against Defendant B: Each entry of evidence Nos. 2 and 3, and the purport of the whole pleadings against Defendant C: deemed confession (Article 150(1) and (3) of the Civil Procedure Act)

2. Determination as to the claim against the defendant B

A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, Defendant B is jointly and severally liable with Defendant C to pay to the Plaintiff KRW 110 million and the agreed delay damages calculated at the rate of 24% per annum from May 24, 2019 to the date of full payment.

B. Defendant B’s assertion argues that, at the time of the above loan, Defendant B had all the decision-making rights as to Defendant B was established and operated by Defendant C’s investment, the above loan was directed by Defendant C, and the loan was used by Defendant C, and thus, Defendant B did not bear any responsibility.

As alleged by Defendant B, Defendant B entered into a monetary loan agreement with the Plaintiff to borrow KRW 110 million from the Plaintiff according to the direction of Defendant C, and even if Defendant C used the borrowed amount of KRW 110 million, it is merely an internal relationship between the Defendants.

Therefore, Defendant B’s above assertion cannot be accepted.

3. Determination as to the claim against Defendant C

A. On May 20, 2019, the Plaintiff’s indication of the claim shall be between the Defendants on May 20, 201 and Defendant B on a monthly interest rate of KRW 110 million and due date.

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