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(영문) 서울남부지방법원 2017.12.08 2017가단22203

대여금 등

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 40,000,000 won and the same from September 2, 2017 to the date of full payment.

Reasons

1. In full view of the purport of Gap evidence Nos. 1 through 2-2 of the evidence Nos. 1 to 2-2 of the judgment as to the claim against defendant B, the plaintiff, as to May 29, 2015, KRW 10,000,000, and August 31, 2015, respectively, lent KRW 12% per annum on May 29, 2018, and the interest rate of KRW 28 as of May 29, 2018, and the plaintiff additionally lent KRW 5,00,000 to defendant B even on January 11, 2017, and the defendant's failure to pay each of the above agreements, thereby losing the interest of each of the above loans.

2. Determination as to the claim against Defendant C

A. The plaintiff asserted that on December 10, 2016, the defendant C received a promissory note (Evidence A2-1) from the defendant C with the intent to guarantee the claim amounting to KRW 40,000,000,00 from the defendant C. The defendant C, on April 2017, had shown the plaintiff's finding and showing the loan certificate in the name of the defendant B, and had lent KRW 40,00,00 to the defendant B with the intent to guarantee the claim amounting to KRW 40,00,00,00. Thus, the plaintiff knew that the above promissory note was written to the meaning that it would incur, and there was no intention to guarantee the debt amount of the defendant B.

B. Determination No. 1 and No. 2-1 of the Plaintiff’s evidence No. 2 and the purport of the entire pleadings are as follows: ① The Plaintiff, based on the following circumstances, i.e., “private million won” in the face value column for a promissory note paper, “the date of issuance” on May 29, 2015, “The date of payment” D201, “In the address column,” respectively, “A” in the issuer column, “C,” and “A” in the issuer column. < Amended by Presidential Decree No. 20720, May 29, 2018>