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(영문) 서울중앙지방법원 2021.02.16 2020나3320
대여금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

the purport of the claim and the appeal.

Reasons

1. Basic facts

A. On December 18, 2018, the Plaintiff entered into a monetary consumption lending contract (hereinafter “instant agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”), whereby the Plaintiff lent KRW 30 million to the Defendant Company, but the lending period is until March 30, 2019, and the interest rate is 5% per annum.

B. In accordance with the instant agreement, the Plaintiff paid the Defendant Company KRW 15 million on December 18, 2018 and KRW 15 million on December 20, 2018.

(c)

Defendant C, as the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation to pay the above loan to the Plaintiff at the time of the instant agreement.

(d)

In addition to the instant agreement, the Plaintiff transferred 5 million won to the Defendant Company on January 6, 2019, separately from the instant agreement.

E. On March 30, 2019, the date when the amount borrowed from the Plaintiff pursuant to the instant agreement was due, the Defendants did not repay the amount to the Plaintiff. On May 17, 2019, the Plaintiff sent to the Defendants a written notice to the effect that, on May 25, 2019, the Plaintiff would pay the Defendants a loan of KRW 30 million, including a loan of KRW 5 million, which was additionally loaned on January 6, 2019.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1-6 (including a number of evidence), and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the Plaintiff’s cause of claim, the Defendants are jointly and severally liable to pay to the Plaintiff the borrowed amount of KRW 30 million under the instant agreement, interest thereon, or delayed damages. In addition, the Defendant Company is jointly and severally liable to pay additional loans of KRW 5 million and delayed damages.

B. Determination of the Defendants’ assertion (1) As to the Defendants’ assertion, Defendant C’s summary of the Defendants’ assertion is to attract up to November 2018 the investment amount of KRW 1 billion in the Defendant Company while having known and exchanged the Plaintiff through the introduction of B around winter in 2017.

set forth in paragraph (1).

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