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(영문) 서울중앙지방법원 2015.04.22 2014가합54781

대여금

Text

1. Defendant C Co., Ltd.: (a) KRW 150,000,000 for each of the Plaintiff (Appointed Party) and the appointed parties D and E, and one hundred and fifty thousand among them.

Reasons

1. Basic facts

A. Nonparty F is a person who collected funds from many owners and assisted loan applicants to lend money.

B. On May 201, Nonparty G, a director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) requested F to lend KRW 300 million to Defendant F.

C. On behalf of the Plaintiffs, on May 20, 201, F lent KRW 300 million to G (hereinafter referred to as “instant loan or loan,” and the said monetary loan agreement is referred to as “the instant loan agreement”) and Defendant B, an employee of the Defendant Company, endorsements on the promissory note ( August 13, 2011) with the face value of KRW 300 million issued by the Non-Party New Medical Foundation, which was owned by the Defendant Company, on the same day, and separately issues promissory notes with the face value of KRW 150 million for the Plaintiff as the payee, and then issues each of the said promissory notes to F.

In order to secure the loan of this case, the Defendant Company created a joint collateral security in the name of the Defendant B and the maximum debt amount of KRW 450 million under the Plaintiff’s name regarding Nos. 301 and Nos. 201 of JC 3, 301 located in Pyeongtaek-gun, Gangwon-do H (I), which was owned by the Defendant Company.

E. Since then, F consented that the due date for the payment of the Promissory Notes issued by the New Medical Foundation was changed on September 13, 201 and October 13, 201.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1-2, Eul evidence 2-2, Eul evidence 2-1, 2, and 3, testimony of witness F

2. Determination as to who the borrower is the borrower under the loan for consumption in this case

A. The fact that Defendant B either issued a new promissory note under his own name or endorsed it to the existing promissory note in order to secure the loan of this case, and that the establishment registration of a neighboring promissory note, which was indicated as the debtor, was accepted, is as seen earlier, but the above facts of recognition are as follows.