beta
(영문) 대전지방법원 2016.04.20 2015가합2670

대여금

Text

1. The Defendant is jointly and severally and severally with C to the Plaintiff KRW 600,000,000 and the period therefor shall be from August 1, 2015 to September 30, 2015.

Reasons

Facts of recognition

On August 12, 2013, the Plaintiff lent KRW 300 million to C as of December 30, 2013. On September 30, 2013, the Plaintiff determined and lent the additional KRW 300 million to C as of December 30, 2013.

(hereinafter “instant loan”). On September 30, 2013, the Defendant prepared a lease agreement with the lessor as the Defendant and the lessee as the Plaintiff, with the presence of C on September 30, 2013, regarding the second floor bathing 428 square meters among the building E on the ground of the first floor above the Da-dong, Chungcheongnam-gu, Chungcheongbuk-gu, D (hereinafter “instant building”).

The above rental contract provides that "(the above bath will be leased in the amount of KRW 600 million, and if the defendant who is the building owner pays 600 million to the plaintiff at any time after the completion of the construction work, this lease contract will lose its effect."

Around December 2013, the Defendant completed the registration of initial ownership of the instant building on December 26, 2013 after completion of the construction and completion of the completion inspection.

On February 11, 2014, the Defendant drafted a written confirmation to the Plaintiff, stating, “I, as the construction cost, promise to pay 600 million won per day borrowed from the Plaintiff (C) as the first priority upon the implementation of this loan. Bank loan schedule: February 19, 2014.”

On October 16, 2014, the Defendant registered the trust of the instant building to Nonghyup and borrowed KRW 5 billion from Nonghyup.

[Grounds for recognition] According to the facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 and 3, and the purport of the whole pleadings, it is reasonable to view that the defendant jointly and severally guaranteed the plaintiff to repay the loan debt of Eul to the plaintiff as the first priority after the completion of the building of this case by preparing a lease agreement on Sep. 30, 2013 and preparing and granting a written confirmation on Feb. 11, 2014.

(2).