logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2020.05.29 2019가합75528
대여금
Text

1. The Plaintiff:

A. As to the Defendant B’s KRW 280,648,664 and its KRW 240,648,664 among them, the Defendant limited liability company’s KRW 280,64 shall begin on October 1, 2012.

Reasons

1. Basic facts

A. From January 10, 2012 to July 12, 2012, the Plaintiff lent a total of KRW 240,648,664 to the Defendant Limited Company B (hereinafter “Defendant B”) five times, and the Defendant C guaranteed the Defendant B’s debt.

The Defendants settled the Plaintiff’s loan obligations on July 12, 2012, and Defendant B paid the Plaintiff KRW 240,648,664 as interest-free until September 30, 2012, and Defendant C agreed to jointly and severally guarantee the Defendant B’s loan obligations.

(hereinafter “instant loan 1”) B.

On June 5, 2012, the Plaintiff lent KRW 40,000,00 to Defendant B as interest-free (hereinafter “the instant loans”). As to this, the loan certificate (Evidence A 3) written by Defendant B prepared by Defendant B to the Plaintiff is not written as to joint and several sureties or the repayment period.

[Grounds for recognition] The descriptions of evidence Nos. 3 and 4, and the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant B is obligated to pay to the Plaintiff the sum of the first loan obligations in this case and the second loan obligations in this case (=240,648,664 won) and damages for delay thereof (=240,648,664 won). Defendant C is jointly and severally liable with Defendant B to pay the first loan obligations in this case and damages for delay thereof.

The Plaintiff asserts that Defendant C jointly and severally guaranteed Defendant C’s debt for the second loan of this case, and sought payment of KRW 40,000,000 and damages for delay for the second loan of this case against Defendant C.

According to the evidence No. 3, it is only recognized that Defendant C prepared a loan certificate for the second loan obligation of this case as Defendant B’s agent.

Meanwhile, according to the evidence Nos. 4, 8, and 16, the Plaintiff loaned money to Defendant B several times from January 10, 2012 to July 12, 2012, in addition to the loans No. 2 of this case. Defendant C.

arrow