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(영문) 전주지방법원 2016.06.23 2014나12136

대여금

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The plaintiff's appeal and each conjunctive claim added in the trial are all dismissed.

after the filing of an appeal.

Reasons

1. Determination as to the cause of claim

A. Basic facts 1) On April 24, 2006, the Plaintiff was issued a cash custody note (No. 1) as follows. The Plaintiff will keep the above amount of the cash custody note (Won 75,000,000) up to August 31, 2006. If the above date is the day, I promised to assume any civil liability. On April 24, 2006, I will be responsible for any civil liability. On April 24, 2006, the Plaintiff will have the official seal of the representative director of the limited liability company C, and the seal (Won 75,00,000,000) is not indicated as “D”, and the name and seal of the Defendant E, respectively, is written separately.

3) On April 24, 2006, the Plaintiff deducted KRW 10,000,000 as a prior interest, and remitted KRW 43,00,000 to E, and KRW 22,00,00 to the Defendant, respectively. [The fact that there is no dispute over the grounds for recognition, evidence No. 1, evidence No. 4-1, 2, and evidence No. 7, and the purport of the entire pleadings.

B. Decision 1 on the grounds of the primary claim 1) A’s summary of the Plaintiff’s assertion as security of the Promissory Notes amounting to KRW 75,000,000 from the Plaintiff (hereinafter “instant loan”).

at the time of borrowing the loan, the Defendant is a limited liability company C (trade name after the change: I; hereinafter “C”).

In the position of the representative director, a written statement of cash custody was made in writing, sealed C’s official seal, and E expressed his/her intent to hold joint and several liability as an individual on the purport that “E is a person who is well aware of his/her business and believed to be a very reliable relationship.” If E fails to repay it, he/she will have affixed the official seal of the company run within the country, and if it is difficult for the company to pay it, he/she will have made a claim against the company, and even if it is difficult, he/she will be responsible within the country and paid it directly.”

Therefore, the defendant shall be C and E.