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(영문) 울산지방법원 2019.02.15 2018가단6302
대여금
Text

1. The Defendants shall jointly and severally pay 7 million won to the Plaintiff and 15% per annum from April 3, 2018 to the date of complete payment.

Reasons

Considering the overall purport of Gap evidence Nos. 1, 1, 1, 2, 1, 2-1, 2-2, and 2, the defendants borrowed KRW 120 million from the plaintiff on October 17, 2017. The defendants can recognize the fact that 13 million out of the above borrowed money has been repaid.

Defendant C asserts that the principal debtor of the above loan is Defendant B Co., Ltd. (hereinafter “Defendant Company”), and that himself is not liable for the above loan, since he affixed his seal on the certificate of No. 1 (a certificate of repayment of loan) to the effect that he guarantees the above loan obligation by the representative director of the Defendant Company as the representative director of the Defendant Company, and then was discharged from the office of representative director.

As alleged by Defendant C, even if the evidence No. 1 was prepared on the ground that the representative director guaranteed the company’s obligation and was dismissed from the office, it does not exempt Defendant C from its liability for guarantee. Thus, the above assertion by Defendant C is without merit.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the remaining 7 million won of the loan (120 million won - 13 million won) and the amount equivalent to 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 3, 2018 to the date of full payment, which is the day following the last delivery of the copy of the instant complaint.

The plaintiff's claim shall be accepted on the grounds of all the claims.

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