beta
(영문) 수원지방법원 2016.07.15 2015가단67006

대여금

Text

1. Defendant B’s KRW 30,000,000 as well as 5% per annum from February 13, 2014 to November 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On August 12, 2013, the Plaintiff received a loan certificate (No. 1) from Defendant B. The debtor column of the loan certificate stated that Defendant B and Defendant C are the debtor column, and Defendant B’s seal is affixed thereto, and Defendant C’s signature is written.

B. Upon receipt of the above loan certificate from Defendant B, the Plaintiff transferred KRW 30 million to the Nonghyup Bank account in the name of Defendant C for the purpose of funding necessary for the refined land store business at the request of Defendant B.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Comprehensively taking account of the overall purport of the arguments in the evidence as seen earlier, the Plaintiff’s loaning KRW 30 million to Defendant B on August 12, 2013 as the due date on February 12, 2014 may be recognized. As such, Defendant B is obligated to pay to the Plaintiff the amount calculated at the rate of 5% per annum as prescribed by the Civil Act from February 13, 2014 to November 30, 2015, the delivery date of the original copy of the instant payment order, from the next day to the date of full payment, to the date of delivery of the original copy of the instant payment order, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

3. Part of the claim against the defendant C

A. The Plaintiff’s assertion 1) Defendant C guaranteed the Defendant B’s obligation to return the borrowed money. (2) Defendant B entered into a guarantee agreement on behalf of the Defendant C, and Defendant B had the basic right of representation on the daily home affairs, and the Plaintiff has justifiable grounds to believe that the right of representation on the guarantee agreement has been granted to the Defendant B. As such, Defendant C is liable to guarantee upon establishment of an expression agent.

3) Defendant C, as the spouse of Defendant B, is jointly and severally liable with Defendant B to repay the above debt owed by Defendant B with respect to the daily home affairs. Defendant C lent the passbook to Defendant B, who is a bad credit holder, and the Plaintiff did not know such circumstance and only 30 million won in the passbook of Defendant C.