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(영문) 대구지방법원 2019.08.22 2018가합208875
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 316,863,162 and KRW 294,287,670 among them.

Reasons

1. Basic facts

A. On April 22, 2016 and April 28, 2016, the Plaintiff lent KRW 300 million in total to Defendant B Co., Ltd. (hereinafter “Defendant B”) each of KRW 150 million.

On April 22, 2016, Defendant B prepared to the Plaintiff a loan certificate stating “the total amount of KRW 400 million, KRW 200 million on April 22, 2016, KRW 200 million on the date of borrowing, KRW 29 million on April 29, 2016, and KRW 31,000 on July 32, 2016, and no interest rate (hereinafter “the loan certificate”) with respect to the said loan obligation, and Defendant C guaranteed the said loan obligation.

B. On November 29, 2016 and December 7, 2016, the Plaintiff lent KRW 40 million in total to Defendant B, each of which was KRW 20 million.

Defendant B added to the Plaintiff on April 20, 2017.

With respect to loans of KRW 300 million and above KRW 40 million as stated in the Paragraph (1), the loan certificate stating “a total of KRW 600 million, KRW 200 million on April 22, 2016 on the date of borrowing, KRW 29 million on April 29, 2016, KRW 200 million on November 29, 2016, KRW 20 million on December 7, 2016, KRW 20 million on the due date, and KRW 40 million on June 30, 2017, and KRW 30 million on the due date” (hereinafter “the loan certificate”). Defendant C jointly and severally guaranteed the above loan obligation.

C. On June 29, 2017, Defendant C repaid the Plaintiff KRW 140 million. D.

Since then, on October 19, 2017, the Defendants: (a) the Plaintiff was 48 billion won in total of the borrowed principal; (b) the interest rate of 12% per annum; and (c) the loan certificate with the maturity as of March 30, 2018 (hereinafter referred to as “the loan certificate as of October 19, 2017”).

(B) prepare and conclude the plan. [Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 3, and 6 (if any, including a serial number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The parties' assertion

A. On October 19, 2017, the Plaintiff agreed to adjust the monetary transaction relationship with Defendant B until the time when the loan certificate was drawn up and agreed on March 30, 2018 with Defendant B to the effect that the loan principal is KRW 4.8 million per annum, interest rate of KRW 12% per annum, and the due date for payment on March 30, 2018, and Defendant C jointly and severally guaranteed this.

Therefore, the defendants are jointly and severally liable to the plaintiff 48 million won and they are related thereto.

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