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(영문) 서울중앙지방법원 2015.03.13 2014가합4687

대여금

Text

1. The Plaintiff:

A. Defendant D and E are jointly and severally liable for KRW 280,000,000 and their amount from October 31, 2014.

Reasons

1. Basic facts

A. On October 25, 2010, the Plaintiff, while lending KRW 38 million to Defendant D, was issued a promissory note with the face value of KRW 38 million and the due date on January 25, 2011.

Defendant B and C jointly and severally guaranteed the debt of the above loan (hereinafter referred to as “debt of the first loan”) by means of endorsement of each of the endorsers in the said promissory note at the time.

B. On November 24, 2010, the Plaintiff, while lending KRW 150 million to Defendant D, drafted a promissory note with the face value of KRW 150 million and a note of payment with the same amount (Evidence A2) from Defendant D on February 25, 2011.

At the time, Defendant B and C jointly and severally guaranteed the above loan obligation (hereinafter referred to as “the second loan obligation”) by means of signing and sealing each of the two pages on the letter of payment with Defendant D at the time.

C. After the Plaintiff extended a total of KRW 100 million to Defendant D on several occasions (hereinafter “third-party loan obligation”), the Plaintiff prepared a loan certificate (Evidence 4) on September 6, 2013 by determining the final amount of the debt amount of KRW 288 million (= KRW 150 million), which reduced the total amount of KRW 100 million from KRW 38 million to KRW 150 million ( KRW 100 million) between Defendant D and the total amount of the debt amount of KRW 188 million.

Defendant E Co., Ltd. (hereinafter “E”) whose representative director is Defendant D Co., Ltd. (hereinafter “E”) jointly and severally guaranteed the above loan obligation amounting to KRW 280 million (hereinafter “instant finalized obligation”). D.

On December 29, 2010, the Plaintiff agreed to pay KRW 55 million to Defendant C by December 30, 2011, and leased KRW 50 million to Defendant C, and received a promissory note issued on December 30, 2011 at par value of KRW 55 million and due date. < Amended by Presidential Decree No. 23508, Dec. 30, 2011>

(hereinafter referred to as “the debt of loans 4”). 【The ground for recognition: (1) The fact that there is no dispute between the plaintiff and the defendant B, C, and defendant E; (2) the purport of the whole pleadings and arguments; and (3) there is no dispute between the plaintiff and the defendant D.

A. According to the above facts of recognition as to the cause of the claim, there is a special reason.