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(영문) 서울중앙지방법원 2018.06.20 2018가합507092
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,200,000 and KRW 200,000,000 among them, from August 3, 2017 to January 1, 200.

Reasons

1. Basic facts

A. On April 12, 2017, the Plaintiff: (a) lent KRW 1.5 billion to Defendant B; (b) among them, KRW 200 million was lent in installments on April 12, 2017; and (c) Defendant B entered into a monetary loan agreement with the purport that KRW 500 million should be paid until May 31, 2017; and (d) KRW 1 billion should be paid until April 12, 2018; and (e) Defendant B shall pay damages for delay calculated at the rate of KRW 3/100 per day if the loan is not paid by the due date (hereinafter “instant monetary loan agreement”).

Defendant C and E (hereinafter “E”) jointly and severally guaranteed Defendant B’s above loan obligation.

B. Since then, the Plaintiff and Defendant B agreed to reduce the total amount of the instant monetary loan to KRW 1.4 billion, and Defendant B agreed to pay the Plaintiff KRW 400 million out of the loan amount of KRW 1.4 billion until May 31, 2017, and KRW 1 billion until April 12, 2018.

C. In accordance with the instant monetary loan agreement, the Plaintiff remitted the total amount of KRW 1.4 billion to Defendant B or E bank account on April 12, 2017, KRW 26 billion on May 2, 2016, KRW 10 billion on May 2, 2016, KRW 10 billion on May 10, 2016, KRW 150 million on the same month, KRW 1.4 billion on the 16th of the same month, and KRW 1.4 billion on the 16th of the same month.

On May 31, 2017, Defendant B agreed to repay only KRW 200 million out of KRW 400 million to the Plaintiff.

E. On November 22, 2017, E changed its trade name to Defendant D Co., Ltd.

F. On December 17, 2017, Defendant B paid KRW 10 million to the Plaintiff as the repayment for the borrowed amount.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the repayment of KRW 200 million paid by Defendant B to the Plaintiff on May 31, 2017 was appropriated for the repayment of KRW 200 million out of the original amount of KRW 400 million, the due date for repayment of which falls on May 31, 2017, and Defendant B’s payment to the Plaintiff on December 17, 2017.

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