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(영문) 부산지방법원 2017.10.24 2016가단38661

차용금

Text

1. Defendant B’s 25,600,000 won and the interest rate of 15% per annum from November 18, 2016 to the date of full payment.

Reasons

Basic Facts

The Plaintiff is a person who runs the Plaintiff Company D, and Defendant C is a person who engages in the supply of steel from March 2005 to D Co., Ltd., and Defendant B is a person who engages in the construction business.

On May 9, 2016, the Plaintiff paid KRW 25,000,000 to Defendant B.

On May 18, 2016, Defendant B prepared and delivered the following loan certificates (hereinafter “instant loan certificates”) to the Plaintiff.

The loan certificate of this case contains the signature and seal of Defendant B on the name side of the printed Defendant B, but there is no signature or seal of Defendant C in the name side of the printed Defendant C.

The loan certificate shall be the loan certificate of the plaintiff Lee Man-o,00 Won

1. He/she borrowed the above amount on May 9, 2016.

2. This loan will be deposited into your Agricultural Cooperative E account on June 30, 2016 without one set of money.

Provided, That from May 9, 2016

6. It will pay interest of KRW 600,000 until June 30, 2016.

② If the amount of KRW 100,000 is not paid on June 30, 2016, I would pay the interest of KRW 100,000 per day from July 1, 2016 to the full payment date, jointly and severally with Defendant C, which is a joint and several surety.

On May 18, 2016: Defendant B’s guarantor: A copy of the borrower’s resident registration certificate; Defendant B, on July 8, 2016, drafted and issued to the Plaintiff a letter of promise to pay the borrowed amount (hereinafter “instant letter”) as follows (hereinafter “instant letter”).

(E) The Plaintiff and the principal borrowed KRW 25,00,00 from Ha on January 1, 201 to Ha on May 9, 2016, and paid as of June 30, 2016 when preparing the loan certificate on May 18, 2016.

2. The principal became aware of the fund preparation and paid on July 7, 2016, and contacted the Defendant C, but no progress payment was made on July 7, 2016 at the age site (F new site creation works).

6. He will accept a civil or criminal objection against him/herself and Defendant C, and pay the principal and interest of the loan regardless of it.

[Ground of recognition] There is no dispute.