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(영문) 서울중앙지방법원 2020.04.22 2019가합548632
대여금
Text

1. As to KRW 498,630,136 and KRW 400,00,00 among the Plaintiff, the Defendant shall start from April 1, 2017 to October 13, 2019.

Reasons

1. Basic facts

A. On March 11, 2016, the Plaintiff entered into a loan agreement for consumption (hereinafter “instant loan agreement”) under which the Defendant leased KRW 400,000,000 to C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) that is the representative director, as of July 31, 2016, and remitted KRW 400,000 to the bank account of Nonparty Co., Ltd. on April 6, 2016.

B. On March 11, 2016, the Defendant agreed to pay KRW 300,000,000 as interest (hereinafter “the first agreement”) to the Plaintiff by July 31, 2016, while jointly and severally providing a debt under the loan agreement of this case by Nonparty Company’s non-party company, and drafted a payment note (Evidence 2, hereinafter “the first agreement”).

The non-party company guaranteed the defendant's obligation according to the first letter of commitment.

C. The Defendant and the non-party company did not pay the principal and the first agreed interest by July 31, 2016.

Accordingly, on November 17, 2016, the Defendant drafted to the Plaintiff each of the following letters (Evidence A No. 4, hereinafter referred to as “the second letter”) (the interest rate of KRW 400,000,000 as stated in the above letter).

By the end of March 2017, the defendant shall repay the principal and interest of KRW 800,000,000, and in the event of non-payment, he shall first repay the principal and interest of KRW 400,000 as of March 2017 and then make installment reimbursement of KRW 400,000 by the end of September 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the principal amounting to KRW 400,000,000 and KRW 400,000,000, the second agreement, as set out in the second written statement, and the damages for delay therefrom, unless there are special circumstances.

B. Judgment 1 on the Defendant’s assertion 1) The agreement on the payment of interest on the first and second books for the following reasons is invalid:

Therefore, the defendant is in charge of the principal amounting to KRW 400,000.

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