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(영문) 울산지방법원 2017.12.14 2017가단11345
대여금
Text

1. The Plaintiff:

A. As to KRW 136,213,698 and KRW 134,00,00 among them, Defendant B shall be from April 7, 2012 to December 14, 2017.

Reasons

1. Facts of recognition;

A. When settling the financial relationship with the Plaintiff, Defendant B paid KRW 32 million to the Plaintiff, and on December 26, 2009, written three copies of the loan certificate as follows.

Defendant C, the punishment of Defendant B, as set out in the following loan instrument, jointly and severally guaranteed the amount of KRW 198 million out of the above loan debt of KRW 332 million against the Plaintiff in Defendant B.

(1) The first loan certificate: The loan money of KRW 20 million, the due date for repayment of October 30, 201, the second loan certificate of KRW 178 million, the due date for repayment of the loan money of KRW 30 million, the debtor Eul, and the joint and several sureties; Defendant C, the debtor Eul, the joint and several sureties, the debtor Eul, the joint and several sureties: the loan money of KRW 134 million, the due date for repayment of the loan money of KRW 34 million, the debtor Eul; and the debtor Eul.

B. With respect to the obligations indicated in the instant Nos. 1 and 2-use gold certificates, the Defendants paid on behalf of the Defendants, D, May 18, 2017, KRW 1500,000,000,000,000 to the Plaintiff, and E, a partner of the Defendants, paid KRW 25,000,000 on August 15, 2017, and KRW 15,000,000 on October 17, 2017, respectively.

The Plaintiff and the Defendants appropriated each of the above repayment in preference to the repayment of the principal of the above obligation.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, barring special circumstances, Defendant B is obligated to pay the Plaintiff the remaining loan amount of KRW 142 million (i.e., KRW 332 million - KRW 150 million - KRW 250 million - KRW 150 million - 150 million - KRW 50 million), and damages for delay for the remainder of the above loan amount of KRW 8 million (i.e., KRW 198 million - KRW 150 million - KRW 250 million - KRW 150 million) and damages for delay, respectively, in collaboration with Defendant B.

B. The Defendants’ defenses by the Defendants are considered to have earned a large number of revenues in relation to the F apartment business located in Kimhae-si, and the Defendants are worth KRW 12 million out of the above loan debt.

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