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(영문) 서울남부지방법원 2013.06.04 2012가합21684

대여금

Text

1. The Plaintiff and the Defendant (Appointed Party) and the appointed parties C, D, and E are jointly and severally, and the appointed parties F Co., Ltd. are jointly and severally.

Reasons

1. Facts of recognition;

A. On November 14, 2005, the Plaintiff leased KRW 80 million to the Defendant (Appointed Party; hereinafter “Defendant”) on the due date on February 15, 2006, the Plaintiff borrowed money from the Defendant on November 14, 2005 to pay part of the down payment in the Gangseo-gu multi-family housing business site with the rent of KRW 200 million. The date of redemption was February 15, 2006 (Evidence 3).

The designated F Co., Ltd. (hereinafter referred to as the “Appointed F”) guaranteed the Defendant’s obligation to the Plaintiff.

B. Around June 21, 2006, the Defendant paid KRW 30 million to the Plaintiff. Around June 21, 2006, the Defendant issued a promissory note with a face value of KRW 170 million, the issuer, the payee, the Plaintiff, the date of issuance, June 21, 2006, the date of payment, August 10, 2006, and the Gangseo-gu Seoul Metropolitan Government H, the place of payment, and the place of payment, and written a notarial deed with respect to the said promissory note.

C. The defendant around October 23, 2006 paid KRW 170 million to the plaintiff by December 20, 2006.

No. 5 (Evidence No. 5-1) was drawn up, and the Selection C and E jointly guaranteed the Defendant’s debt to the Plaintiff. D around July 24, 2009, the Defendant, while paying the Plaintiff KRW 20 million to the Plaintiff, prepared a loan certificate (Evidence No. 6-1) stating that “The amount of KRW 70 million out of KRW 150 million shall be paid up until October 30, 2009, and the remainder of KRW 80 million shall be paid up until December 20, 2009,” and the Selection D guaranteed the Defendant’s debt to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination on the cause of the claim is jointly and severally made between the Defendant and the Appointor C, D, and E, and the Appointor F shall be the Defendant and the Appointor C, D, E, and individual, as sought by the Plaintiff, KRW 100 million and a copy of the complaint in this case from December 21, 2009, following the due date.