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(영문) 서울남부지방법원 2020.05.08 2019가합106591
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 580,000,000 and the interest rate thereon from August 16, 2018 to the date of full payment.

Reasons

1. In addition to the purport of the entire pleadings in the evidence Nos. 1 through 5 of the judgment as to the cause of the claim, Defendant B Co., Ltd. (hereinafter “Defendant B Co., Ltd.”) borrowed KRW 580,00,000 from the Plaintiff on August 16, 2018, at the end of each month, 24% of the interest shall be paid on the last day of each month, and the principal shall be paid four times each quarter until August 16, 2019, and the fact that Defendant C, D, and E jointly and severally guaranteed the said obligation to the Plaintiff by the Defendant Co., Ltd.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the interest and delay damages calculated at the rate of 24% per annum from August 16, 2018 to the date of full payment, which is the borrowing date.

2. On the determination of the Defendants’ assertion, the Defendants asserted that the Defendant Company did not borrow money from the Plaintiff, and that the F, working for the Defendant Company, bears the Plaintiff’s obligation. However, the Plaintiff only prepared a loan certificate for the purpose of presenting it to the Plaintiff and his family members by finding the Defendant Company. As such, the Plaintiff’s expression of intent of the above loan and joint and several sureties constitutes a false declaration of intention, not a true intention, or a false declaration of intent, and thus, the Plaintiff was also aware of it.

However, the statement No. 1 alone is insufficient to admit the Defendants’ above assertion, and there is no other evidence to acknowledge it.

The above assertion by the Defendants is without merit.

3. The plaintiff's each of the claims of this case against the defendants is justified, and it is so decided as per Disposition.

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