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(영문) 서울동부지방법원 2018.11.02 2017가단21863
대여금
Text

1. The Defendants jointly share KRW 57,500,000 to the Plaintiff, and Defendant B from September 16, 2017 to Defendant C, and Defendant C from September 2018 to the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff can recognize that, around May 20, 2016, the plaintiff jointly and severally guaranteed by non-party D, the payment period of KRW 50 million shall not exceed June 20, 2016, and the interest and honorarium 7.5 million shall be determined and lent to the defendants under the joint and several guarantee of non-party D, and unless there is any reflective document, the defendants jointly have the obligation to pay damages for delay calculated at the rate of KRW 15% per annum from September 16, 2017 following the date when the plaintiff makes a delivery of the copy of the complaint of this case to the plaintiff, and from January 19, 2018 following the day when the copy of the complaint of this case is delivered to the plaintiff to the day of full payment.

2. The Defendants’ assertion against the Defendants: (a) borrowed the instant loan from the Plaintiff, the long-term location of D for the purchase of the said facility (nive equipment) with D and D, and (b) failed to properly proceed with the business, such as: (c) the Plaintiff and D did not make any investment; (d) subsequently, (e) arranging the right to the said set without the Defendants’ involvement; and (e) seeking the payment of the instant loan is unreasonable; (e) there is no evidence to prove that the said assertion and the Plaintiff collected the said loan by disposing of the said set; and (e) there is no evidence to prove that the Plaintiff disposed of the said set and the Plaintiff collected the said loan.

3. Conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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