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(영문) 서울중앙지방법원 2018.05.30 2017가합574811
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 272,335,601 out of KRW 291,247,942 and the said money. The Defendants from December 31, 2015.

Reasons

1. Basic facts

A. On September 6, 2012, the Plaintiff leased KRW 300,000,000 to Defendant B at interest rate of 0.2% per annum, and one year after the due date, which can be postponed thereafter.

B. On March 12, 2013, the Plaintiff agreed to grant a loan (hereinafter “instant loan”) to the Defendants by deducting the amount partially repaid from KRW 300,00,000, and at KRW 288,400,000, the Plaintiff loaned to Defendant B. However, on September 30, 2013, the Plaintiff agreed to grant a loan (hereinafter “the instant loan”). Accordingly, on March 12, 2013, the Defendants drafted a loan certificate stating that “the amount of the loan was KRW 288,40,000, and the date of the loan was due, September 6, 2012; and on September 30, 2013, the date of repayment; and on September 30, 2013, the interest rate of KRW 0.01% (the seal of the Defendants is affixed).”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. On March 12, 2013, the Plaintiff loaned the instant loan of KRW 288,40,000 to the Defendants as of September 30, 2013 as seen earlier, and the Plaintiff received reimbursement of KRW 288,40,000 from the Defendants on August 26, 2013, and KRW 80,000 from the Defendants on October 14, 2013, and KRW 3,000,000 on November 15, 2013, and KRW 10,000 on December 30, 2015.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of the loans 288,400,000 won and damages for delay minus the amount repaid as above.

B. Defendants’ defenses, etc. 1) In addition to the amount the Plaintiff was paid, the Defendants asserted that Defendant B paid KRW 540,000 to the Plaintiff on October 12, 2012, KRW 50,000,000 on November 14, 2012, KRW 10,000 on February 14, 2013, KRW 10,000 on August 26, 2013, and KRW 1,00,000 on August 26, 2013; first, according to the evidence Nos. 3-1 and 2, Defendant B paid the Plaintiff KRW 540,00 on October 540, 200, and KRW 50,000 on November 14, 2012, and KRW 300 on August 26, 2012.

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