(영문) 대구지방법원김천지원 2019.01.18 2017가합16023

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(영문) 대구지방법원김천지원 2019.01.18 2017가합16023

약정금

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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 7, 2007, the Plaintiff asserted that the Plaintiff would operate the cafeteria at the D Hospital that was newly built by Defendant B, and the lease deposit was set at KRW 500,000,000 between Defendant B and Defendant B.

The Plaintiff and Defendant B agreed to lend KRW 500,000,000 to Defendant B several times from April 7, 2007 to May 13, 2008 (hereinafter “instant loan”). However, when a new establishment of a D hospital, the Plaintiff and Defendant B agreed to substitute the said loan for the payment of deposit for lease.

However, the new project of the D Hospital was zero percent, and the Defendant B agreed to return the instant loan and pay the Plaintiff KRW 4,000,000 per interest per month (0.8%) to the Plaintiff.

Nevertheless, Defendant B paid only KRW 250,000,000 to the Plaintiff on May 29, 2015 or February 10, 2017, and did not pay the interest properly.

Defendant B is obligated to pay KRW 602,635,616, total sum of the principal and interest accrued from the unpaid loan to the Plaintiff ( KRW 352,635,616, May 13, 2008 to May 29, 2015, KRW 338,367,123, and KRW 14,268,493, as interest accrued from February 11, 2017 to September 5, 2017).

Since Defendant C engaged in a business partnership with Defendant B and carried out a new construction of D Hospital, it is well aware of the instant loan, and as the new construction of D Hospital was not carried out, Defendant C agreed to pay KRW 1,00,000,000 to the Plaintiff if the Plaintiff could not return the loan amount of KRW 500,000 to the Plaintiff within one year, and agreed to provisional attachment of the claimed amount of KRW 1,00,000,000, and thus, Defendant C guaranteed the obligation to return the loan of this case.

The Defendants were unable to return the instant loan even after one year has passed since the above agreement was concluded, so Defendant C is obligated to pay the Plaintiff KRW 1,000,000,000.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 250,000,000, and damages for delay, which the Plaintiff seeks, as part of the money each of the above payment obligations.

2. The lawsuit of this case is legitimate.

유사 판례

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-창원지방법원 2015.02.12 2013가합6391