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(영문) 전주지방법원 2016.04.29 2015가단33399

대여금

Text

1. Defendant B’s KRW 40,000,000 as well as 5% per annum from August 21, 2010 to November 2, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 10, 2008, Defendant B issued a promissory note at the face value of KRW 40,000,000 issued by Defendant D, which was operated by Defendant B, upon request by the Plaintiff, and issued the promissory note at the face value of KRW 38,00,000, but received KRW 38,000 from the Plaintiff, but the said note was not paid due to default on payment on June 2008.

B. Accordingly, on August 20, 2010, Defendant B prepared a loan certificate stating that the Plaintiff will pay KRW 40,000,000 to the end of December 25, 2010, but did not pay it yet.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 5% per annum under the Civil Act from August 21, 2010 to November 2, 2015, which is the day following the above loan date, the copy of the complaint of this case, to the above Defendant, as requested by the Plaintiff, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

I would like to say.

Defendant B, at the time of the preparation of the above loan certificate, claimed that Defendant B only signed in blank at the Plaintiff’s request that the above loan certificate be drawn up, and that Defendant B did not bear the obligation of the loan amount against the Plaintiff. However, there is no evidence to acknowledge this. Thus, Defendant B’s above assertion is without merit.

3. The Plaintiff asserted that, around March 22, 2014, Defendant C guaranteed Defendant C’s debt owed to Defendant C, but there is no evidence to acknowledge this. Thus, the Plaintiff’s assertion on this part is without merit.

4. Accordingly, the plaintiff's claim against the defendant B among the plaintiff's respective claims against the defendants is justified, and the claim against the defendant C is dismissed as it is without merit. It is so ordered as per Disposition.