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(영문) 서울중앙지방법원 2014.08.27 2013가단228779

대여금 등

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 61,966,830 as well as KRW 60,154,290 among them, from June 28, 2013.

Reasons

1. Facts of recognition;

A. In order to obtain a loan from the mid-to long-term debate, the Defendants found the SIM Bank, which is an affiliated store of the Plaintiff’s business, and signed and sealed the agreement on the loan (application) of the Plaintiff (application No. A; hereinafter “instant loan agreement”) with E employees of the SIM Bank.

(Defendant A’s loan applicant column, and the remaining Defendants written their names and seals in the column of joint and several sureties. The content of the loan agreement of this case is that on March 5, 2013, the Plaintiff loaned to Defendant A a loan by setting the loan amounting to KRW 62 million at 48 months of the loan period, 20% per annum on the 20th day per month of the repayment method, 15.9% per interest, and interest interest rate per annum 24% per annum, and the rest of the Defendants jointly guarantee Defendant A’s obligation for the principal and interest of the loan

B. The Defendants, along with the instant loan agreement, signed and sealed the delegating (the applicant and the joint and several sureties) and the letter of delegation (the letter of delegation of this case hereinafter referred to as “the letter of delegation of this case”).

The power of attorney of this case contains the following contents:

1) A delegated agent shall delegate all acts to conclude a loan contract and joint and several sureties contract with the Plaintiff with respect to the case of a car and construction machinery loan agreement (application) agreement with the Plaintiff with the delegated agent, 2) a request to deposit the amount of loan in the account of the No. 3010-1175-25311, Nonghyup 301.

It is confirmed that at the time that the plaintiff deposits the amount of the loan, the delegating and the delegating's joint guarantor will be deemed to have received the loan.

C. On March 5, 2013, employees of the Plaintiff Company confirmed their identity by telephone to the Defendants, and confirmed the terms of the instant loan agreement (amount, interest, repayment method, etc.) and the circumstances that the instant loan would be deemed to have been received by the Defendants when it was deposited into the LIM Bank in accordance with the agreement. The Defendants are acceptable.

On March 5, 2013, the Plaintiff, with the E.S. Bank account, is KRW 62 million.