beta
(영문) 전주지방법원 2016.12.15 2016가단9041

대여금

Text

1. Defendants are jointly and severally and severally liable to the Plaintiff KRW 100 million and the Defendants B and C with respect thereto from August 20, 2016, and Defendant D with respect to the Plaintiff on August 20, 2016.

Reasons

1. On July 21, 2014, the Plaintiff received a certificate of loan from Defendant B, which was signed by the Defendants as the debtor, KRW 100 million, due date, August 31, 2014, and remitted KRW 50 million to the head of the Tong in the name of Defendant D, and KRW 50 million on August 26, 2014.

[Reasons for Recognition] Evidence Nos. 1, 3-1, and 2-2, the purport of the whole pleadings

2. Accordingly, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 100 million and damages for delay calculated at the rate of 15% per annum from the day following the delivery of a copy of the instant complaint to the day of full payment.

Defendant D asserted that only he only lent the name of the head of the Tong and did not actually use the borrowed money. However, even if the above assertion is true, as long as he/she signed the above loan certificate as the debtor, he/she cannot be exempted from civil liability.

3. The plaintiff's claim for the conclusion is accepted on the grounds of all.