beta
(영문) 서울고등법원 2018.10.11 2018나437

대여금

Text

1. Of the judgment of the court of first instance, the part against Defendant D is revoked, and the Plaintiff’s claim against Defendant D is dismissed.

2...

Reasons

1. Basic facts

A. Defendant D is the husband of Defendant B, and C and E (hereinafter “C, etc.”) are the children of the Defendants.

[1] Creditor: The plaintiff, debtor, defendant B, and debt: 200 million won principal borrowed the above amount from the plaintiff.

In addition, I promise to provide FC case and G case with principal and interest interest at the end of 20 million won and continue to pay the amount by the end of September 2016, and promise to pay the amount of KRW 200 million on the 12th day of each month and the last day of each month at the maximum of KRW 500,000 on the 12th day of each month.

I would like to lose the benefit of time and make the balance repaid in full at least once.

[2] Defendant B borrowed money from the Plaintiff under the guarantee of the Plaintiff, and at the end, KRW 20 million 20 million d and total 200 million d and paid off (hereinafter omitted).

B. On September 28, 2016, Defendant B prepared two copies of the loan certificate (hereinafter “the first and second copies”) and delivered them to the Plaintiff in order.

The main contents of the first and second evidence shall be as follows:

(c) The name, resident registration number, and telephone number of Defendant D are written in a sign language at the bottom of the second card, and the signature of Defendant D is made.

On the other hand, under the above defendant D's personal information, the name, resident registration number, and telephone number of C, etc. are described in each number.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 220 million borrowed, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 28, 2016 to the date of full payment, upon the Plaintiff’s request.

B. Defendant B, the Plaintiff.