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(영문) 서울고등법원 2017.08.17 2016나2056807

대여금

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1. Of the judgment of the first instance, KRW 4,160,00 for the Plaintiff and 5% per annum from May 31, 2015 to January 21, 2016 for the Plaintiff.

Reasons

1. Basic facts

A. Defendant C is a person running Company D (hereinafter “D”), and the Plaintiff and Nonparty E (hereinafter “E”) are those working as D’s employees.

B. The Plaintiff and E lend money to Defendant C by means of deposit of KRW 24 million and KRW 27 million on November 19, 2014, KRW 50 million on November 21, 2014, KRW 25 million and KRW 25 million on November 21, 2014, which was the lending of the business funds operated by Defendant C.

C. The above B.

On November 24, 2014, the Defendant C prepared a certificate of loan under the name of the Defendant C that “the Plaintiff borrowed KRW 30 million from the Plaintiff on the joint and several guarantee of the Defendant C, with the due date set at 8% per annum of interest, and the due date set at 15 days per month of interest payment” (hereinafter “loan Claim 1”). ② On November 14, 2014, the Defendant C drafted a certificate of loan under the name of the Defendant C to the Plaintiff on November 14, 2014 (hereinafter “the loan claim of this case”).

(hereinafter “Loan No. 2”) D.

On May 31, 2015, E transferred the instant loan claim to the Plaintiff, and at that time notified Defendant C of the transfer of the said claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination

A. According to the facts and evidence acknowledged earlier as to the cause of the Plaintiff’s claim, Defendant C borrowed KRW 30 million from the Plaintiff under Defendant B’s joint and several sureties, and KRW 60 million from Defendant E, and the rate of each of the above loans was 8% per annum, and the Plaintiff acquired the instant loan claim against Defendant E, and notified the Defendant C of this fact around that time. Thus, barring any special circumstance, the Defendants jointly and severally and severally, and thereafter, are subject to the Plaintiff’s loan No. 1.