logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.30 2016가합510469
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 300,000,000, and with regard thereto from October 29, 2014.

Reasons

1. Around October 2014, the Plaintiff, who is a doctor operating the primary fact DNA department (hereinafter “instant hospital”), prepared a loan certificate with Defendant B as follows (hereinafter “the first loan certificate”). Defendant C guaranteed the Defendant B’s obligation under the said loan certificate.

Defendant B shall borrow funds of KRW 300 million necessary for the start-up and establishment, etc. of E marketing company from the Plaintiff and use them for purchasing and concluding contracts for tables, carpets, knowledge holders, rental deposit, house fixtures, fixtures, and one-month operating expenses. The borrowing period shall be one year, and the interest rate shall be 25% per annum.

On October 25, 2014, Defendant B leased Seocho-gu Seoul Metropolitan Government F Building and Non-dong 2503 (hereinafter “instant office”) under the name of G as an employee of the Plaintiff, and the Plaintiff paid the lease deposit amount of KRW 6 million to the lessor.

The Plaintiff and the Defendants, as they were assembled on the vending machines of the parties sealed the instant loan certificate, have to prepare again the loan certificate.

On October 29, 2014, the Plaintiff prepared a loan certificate (hereinafter “instant secondary loan certificate”) with Defendant B on the same content as the primary loan certificate, and Defendant C guaranteed Defendant B’s debt pursuant to the above loan certificate.

On October 29, 2014, the Plaintiff paid the remainder of KRW 54 million to the lessor out of the lease deposit of the instant office. On the same day, the Plaintiff paid KRW 300 million to Defendant B, subtracting the remainder of KRW 60 million from the loan deposit of the instant office’s lease deposit of KRW 300 million (hereinafter “the instant money”).

[Ground of recognition] Facts without dispute, Gap 1, 4 evidence, Eul 7 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent the instant monetary amount to Defendant B, and Defendant C jointly and severally guaranteed Defendant B’s loan obligation, so the Defendants jointly and severally pay KRW 30 million, interest thereon, and delay damages to the Plaintiff.

arrow