beta
(영문) 춘천지방법원원주지원 2015.09.17 2014가합1122

대여금

Text

1. The Plaintiff, Defendant B’s 300,000,000 won, and the interest rate of 20% per annum from December 23, 2014 to the date of full payment.

Reasons

1. Claim against Defendant B and C

A. On August 21, 2014, Defendant B borrowed KRW 150 million from the Plaintiff on the joint and several guarantee of Defendant C (this refers to the money loaned by financial institutions as collateral from the Plaintiff’s Gyeonggi-gun E, F, G, H, and I), and Defendant B agreed on the same day to pay to the Plaintiff KRW 300 million, including the money borrowed and the amount borrowed.

Therefore, Defendant B is jointly and severally liable to pay to the Plaintiff KRW 30 million and its delay damages, and Defendant C is jointly and severally liable with Defendant B to pay KRW 150 million among them and delay damages.

(b) Judgment on deemed confession based on each ground for recognition (Article 208 (3) 2 and Article 150 (3) and (1) of the Civil Procedure Act);

2. Determination as to the claim against Defendant D

A. On August 21, 2014, Defendant D jointly and severally guaranteed the Defendant C’s obligation to borrow KRW 150 million against the Plaintiff on August 21, 2014 (the gist of the parties’ assertion) (the Plaintiff obtained the certificate of the personal seal impression issued by Defendant D from Defendant B and C, and confirmed the consent and delegation of Defendant D’s joint and several sureties.

Therefore, Defendant D is jointly and severally liable with Defendant B and C to pay the amount of KRW 150 million and delay damages therefor. (2) Defendant D is obligated to borrow KRW 200,000,000 from J pastors, and Defendant D’s borrowing KRW 200,000,000 from K as funds for missionary work, and Defendant D’s establishment of a collateral security right on the real estate owned by Defendant D, with the intention to establish a joint and several offices of a certified judicial scrivener, and there was only a fact that the certificate of personal seal for establishment of collateral security was placed in the joint and several offices of a certified judicial scrivener, and there was no delegation from the J or Defendant B and C with the consent of the Plaintiff.

B. On the other hand, Defendant D’s joint and several sureties’s joint and several sureties with the effect that “as joint and several sureties of Defendant B’s obligation to borrow KRW 150 million to the Plaintiff with Defendant C” (where there is a certificate of personal seal impression issued on July 2, 2014 by Defendant D and Defendant D, hereinafter “instant joint and several sureties”).