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Reasons
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(영문) 서울남부지방법원 2019.02.19 2017가단252561
대여금
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1. The Defendant shall pay to the Plaintiff KRW 79,00,000 and the interest rate of KRW 15% per annum from October 17, 2017 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff, on behalf of the Defendant, repaid the Defendant’s repair cost liability of KRW 45 million to the Defendant Company C, KRW 9 million to the Defendant’s D, KRW 20 million to the Defendant’s E, KRW 5 million to the Defendant’s repayment of the Defendant’s repair cost liability of KRW 79 million to the Defendant’s F Co., Ltd., on behalf of the Defendant, and paid the Defendant KRW 5 million in total. As such, the Plaintiff shall exercise the right to indemnity against the Defendant for KRW 79 million.

B. Although the Plaintiff paid the repair cost of the Defendant Co., Ltd. on his card and cash, the Defendant’s lease income was also deposited into the account in the name of the Plaintiff as well as the lease income in the relation of operating the equipment leasing business using H non-do reservoir by lending the Plaintiff’s name. The lease income was offset after the rent income.

The part related to D, E, and G also did not pay part of the defendant's arrears, but the loan income from the above equipment rental business was fully repaid after the vehicle.

2. Determination

A. As to the exercise of the right to indemnity due to the repayment of debt to C, the following facts are acknowledged according to the purport of evidence A1 to 5, evidence A15, 16, evidence A20, evidence A24, and the whole pleadings.

(A) The Plaintiff and the Defendant jointly and severally guaranteed the construction machinery repair costs and parts payment obligations owed by the Defendant Company I (hereinafter “I”) to Company C. On June 28, 2013, the decision to recommend settlement that “I and the Defendant shall jointly and severally pay to Company C KRW 20 million until June 30, 2013, KRW 20 million until July 31, 2013, KRW 20 million until August 31, 2013, and KRW 20 million until August 31, 2013 (hereinafter “the decision to recommend settlement in this case”). The Plaintiff jointly and severally with the Defendant and I to pay KRW 20 million to Company C (hereinafter “the decision to recommend settlement in this case”).

(Seoul Central District Court 2013Kadan5167). (B) The Plaintiff is a joint stock company in four times from January 16, 2014 to July 14, 2014.

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