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(영문) 부산지방법원 동부지원 2018.05.03 2017가합105684
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay the full amount of KRW 444,00,000 and KRW 400,000 among them, from December 1, 2007.

Reasons

1. Facts of recognition;

A. The Plaintiff operated the business under the trade name of D, and Defendant B was the representative director of E for the purpose of manufacturing and selling automobile parts.

Defendant B has made financial transactions with the Plaintiff in such a way as to receive promissory notes issued or held by the Plaintiff from January 2006 and use them at discount, and to pay the amount equivalent to the amount of the promissory notes on the due date.

B. Defendant B failed to pay KRW 400 million to the Plaintiff by June 2, 2007, and around June 22, 2007, Defendant B paid KRW 400 million to the Plaintiff by November 30, 2007, and the rate of delay damages was agreed at 25% per annum (hereinafter “instant Claim 1”). In the sense of confirming this, the notary public drafted an authentic deed of debt repayment contract (quasi-Loan for Consumption) (hereinafter “instant authentic deed”) with No. 95 of law firm F Deed 2007.

C. On November 1, 2007, Defendant B received a promissory note from the Plaintiff as of January 5, 2008 and agreed to borrow the amount equivalent to the face value thereof (hereinafter “instant Claim 2”) (hereinafter “this case’s Claim 1”) and the said KRW 44 million as of January 31, 2007, Defendant B drafted to the Plaintiff a certificate of borrowing (hereinafter “the instant loan certificate”) with the intent to repay the said KRW 5 days prior to the payment date of the said Promissory Notes (i.e., by December 31, 2007).

【Ground for recognition】An absence of dispute, and an entry of Gap’s 1 through 3

2. The parties' assertion

A. Defendant B borrowed KRW 440 million from the Plaintiff, and Defendant C jointly and severally guaranteed the obligation to borrow KRW 44 million among the above money. As such, Defendant B is obligated to pay the Plaintiff KRW 444 million and damages for delay. Defendant C is jointly and severally liable with Defendant B to pay the amount of KRW 44 million and damages for delay.

B. Defendant B bears the Plaintiff on the instant notarial deed asserted by the Defendants 1.

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