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(영문) 대구지방법원 2016.01.14 2015가합490

대여금등

Text

1. The Plaintiff:

A. As to the Defendant C’s KRW 366,00,000 and KRW 200,000 among them, the Defendant C’s company shall begin on October 30, 2014.

Reasons

1. Facts of recognition;

A. On May 13, 2014, the Plaintiff lent KRW 200 million (hereinafter “instant first loan”) with the Defendant Company’s operating fund to Defendant C (hereinafter “Defendant Company”).

B. Since then, Defendant B, a joint representative director of the Defendant Company, required additional funds for the remodeling and selling business of the D apartment in North-gu, North Korea, where the Defendant Company is proceeding with the Plaintiff, and the Plaintiff transferred the ownership registration name of the said apartment and borrowed the money borrowed as collateral.

C. Accordingly, on October 15, 2014, the Plaintiff received the registration of ownership transfer on the above apartment Na-dong 301 and 307, and thereafter borrowed KRW 166 million to the non-party Daegu Agricultural Cooperative (Yagu Branch) and borrowed the said money (hereinafter “instant second loan”). The Plaintiff borrowed the instant first loan and the instant second loan together with the instant second loan (hereinafter “each of the instant loans”).

As the Plaintiff did not repay the first loan of this case, on October 19, 2014, the interest and delay damages on the first loan of this case between Defendant B and Defendant B were 30% per annum. The Defendant Company and the joint guarantor drafted a certificate of monetary rent (Evidence A6) with the content that the Defendant Company and the joint guarantor are the Defendant B, and set the date of final repayment of each loan of this case on October 29, 2014.

【Defendant B’s ground for recognition: Each entry in Gap’s Evidence Nos. 1, 3 through 8 (including branch numbers), the whole pleadings, and the purport of the whole pleadings against the defendant company: deemed as confession

2. Determination as to the cause of action

A. According to the facts found in the determination as to the claim for the first loan of this case, the Defendant Company is the principal debtor of the first loan of this case, and Defendant B is a joint and several surety, and the Defendants jointly and severally do so to the Plaintiff as to KRW 200 million, the first loan of this case, and the said money’s maturity date following the said money’s maturity date.