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(영문) 서울서부지방법원 2017.02.09 2016가단14143
대여금
Text

1. The Defendant’s KRW 200,000,000 as well as the annual rate of KRW 5% from July 31, 2013 to July 26, 2016 to the Plaintiff.

Reasons

1. The Plaintiff leased KRW 200 million to B Co., Ltd. (hereinafter “B”) on July 30, 2013, and B agreed to pay the said amount in four equal installments from June 30, 2015 to June 30, 2016; the Defendant’s joint and several guarantee of the said amount against the Plaintiff may be recognized by the respective statements in the evidence Nos. 1 and 2, since there is no dispute between the parties, or there is a obligation to repay the said loan to the Plaintiff as a joint and several surety.

2. As to the defendant's assertion and judgment, the defendant argued that since the defendant provided 10 points of handbags equivalent to 50 million won held by the defendant as security, it should be offset or deducted from the above loan, but the offering of security alone does not have the right to offset or deduct from the loan. Thus, the above argument by the defendant is without merit.

In addition, the Defendant, under the agreement with the Plaintiff, established C (hereinafter “C”) by investing the Plaintiff’s KRW 40 million on January 2014, and Defendant 60 million on the part of the Plaintiff. Since the Plaintiff exclusively sold D sales rights held by C and C on August 201 of the same year, the Defendant alleged that the above KRW 60 million invested by C and C should be deemed as substitute for the repayment of the above loan obligation, but there is insufficient evidence to acknowledge the above assertion solely on the basis of each statement in the evidence Nos. 1 and 3, and there is no other evidence to acknowledge it, the above assertion by the Defendant is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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