(영문) 서울중앙지방법원 2020.10.14 2020가합524137

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(영문) 서울중앙지방법원 2020.10.14 2020가합524137

대여금

Text

The defendant shall pay to the plaintiff KRW 273,00,000 and KRW 250,00,000 among them, from July 18, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On July 29, 2003, the Plaintiff entered into a contract to lend KRW 250,000,000 to C Co., Ltd. (hereinafter “Nonindicted Company”) with the following content (hereinafter “instant loan contract”), and paid KRW 250,00,000 to the Nonparty Company. The Defendant jointly and severally guaranteed the Defendant’s debt owed to the Plaintiff.

Article 2 (Loan Agreement) (1) The plaintiff shall lend 250,000,000 won to the non-party company, and the non-party company shall borrow it.

② The Plaintiff and the Nonparty Company agree to pay interest on the loan under paragraph (1) to the minimum interest (11% per annum) under tax law on the principal, and the Nonparty Company shall pay the interest on the loan to the Plaintiff’s address or transfer it to the account designated by the Plaintiff on the first day of each month.

3. The non-party company shall return the loan under paragraph (1) to the non-party company until November 2003 after three months have passed since the conclusion of this contract.

If the return is delayed, the non-party company shall compensate for the overdue interest at the rate of 20% per annum.

Provided, That the time of return may be changed by prior written agreement of the plaintiff and the non-party company.

Article 3 (Use of Funds) (1) The non-party company and the defendant agree to use the capital and other assets of the non-party company including funds loaned under Article 2 of this Agreement only for the purpose of operating funds for the normalization of management of the non-party company

Article 6 (Joint Guarantee) (1) The defendant guarantees that the non-party company is jointly and severally and severally liable for the payment of loans and interest to the plaintiff of the non-party company.

B. The Defendant paid KRW 2,50,000 to the Plaintiff on September 17, 2003, and paid KRW 2,30,000,00 each month, except for the 11 month totaled from October 6, 2003 to December 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4 and 6, as a whole, and all pleadings.

유사 판례

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