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(영문) 광주지방법원 2020.07.02 2019나62382

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is delivered in accordance with Paragraph (1) of the same Article.

Reasons

1. Facts of recognition;

A. On July 19, 2016, the Plaintiff’s ancillary D deposited KRW 200 million in the account under the name of the co-defendant B (hereinafter “B”) of the first instance court (hereinafter “instant money”) via the Defendant’s introduction.

B. B paid an interest on the instant amount in KRW 2 million each month from September 2016 to April 2017 to the Defendant, and the Defendant deposited the instant amount in the said E’s account again.

Certificates for Cash Guarantee;

1. Loans: The amount borrowed in daily installments; and

2. Creditors: The plaintiff.

3. The obligor: the obligor shall borrow from the obligee the total sum of KRW 100 billion and shall agree as follows:

C. Foods

1. The amount of guarantee borrowed shall be KRW 100 million;

2. The time for the repayment of a loan shall be December 29, 2017.

Payment shall be made by cash or account transfer at the time and place designated by a creditor.

3. The debtor shall be deemed to have civil and criminal liability if he/she fails to perform the above-mentioned matters;

C. Since then, according to the fact that B did not pay the above interest to the Defendant, the Defendant did not pay the interest to the account under the name of E, and the principal was not repaid, the Plaintiff or D urged the Defendant to pay the instant interest, and on June 2, 2017, the Defendant drafted and issued a cash guarantee loan certificate (hereinafter “instant certificate”) with the following contents to the Plaintiff:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, testimony of witness D at the trial, purport of whole pleadings

2. The parties' assertion

A. On July 19, 2016, the Plaintiff asserted that the Plaintiff lent the instant money to B with the maturity of repayment on November 30, 2017 and interest at 12% per annum (2 million won per annum). The Defendant jointly and severally guaranteed the instant certificate as to the said loan debt owed by B to the Plaintiff who did not repay the said loan debt.

Therefore, the defendant shall be jointly and severally with the plaintiff B, and the amount of KRW 200 million and the above agreed rate after April 27, 2017.