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(영문) 전주지방법원 2014.11.19 2013가합7218

대여금 등

Text

1. Defendant B shall pay to the Plaintiff KRW 1,717,01,781, and KRW 950,00,000 among them, with full payment from November 8, 2008.

Reasons

1. Facts of recognition;

A. On August 26, 2004, Defendant B prepared and executed a loan certificate stating that the interest rate of the Plaintiff shall be 60% per annum, the due date of payment shall be set on September 26, 2004 (hereinafter “the loan certificate as of August 26, 2004”), and that KRW 90 million shall be borrowed (hereinafter “the loan certificate as of August 26, 2004”). On August 26, 2004, the joint guarantor column of the loan certificate as of August 26, 2004, the name of Defendant C, the husband of the Defendant B, and the Defendant D and E (hereinafter “Defendant C, etc.”), the stamp was affixed on each side of the name of Defendant C, etc., and the name of Defendant C, etc., the joint guarantor column was written with the name of Defendant F, but the seal was affixed thereon.

B. Around February 25, 2005, the Plaintiff, on behalf of Defendant B and Defendant C, etc., a joint and several surety, entrusted the Plaintiff with the execution of a notarial deed of debt repayment contract No. 861 of the 2005 deed (hereinafter “first notarial deed of February 25, 2005”), which provides that Defendant B shall pay KRW 90 million to the Plaintiff not later than March 7, 2005, and Defendant C, etc., who jointly and severally guaranteed the above obligation to Defendant B, entrusted a notary public with the execution of a notarial deed of debt payment contract No. 861 of the 2005 deed (hereinafter “first notarial deed of February 25, 2005”).

C. Defendant B’s interest rate is 60% per annum for the Plaintiff on September 17, 2004, and on December 17, 2004, the maturity date is determined as December 17, 2004, and the certificate of borrowing KRW 100 million is “the certificate of borrowing from September 17, 2004.”

The joint and several sureties of the loan certificate dated September 17, 2004 stated the name of the defendant C, etc., and the seal was affixed to the name of the defendant C, etc., and subsequent to the loan certificate, the certificate of the personal seal impression of the defendant C, etc. was attached to the loan certificate (as a joint and several sureties, the name of F was written and the seal was affixed, but the certificate of the personal seal impression of the defendant F was not attached.

The plaintiff around February 25, 2005, on behalf of the defendant B and the defendant C, etc. who are joint and several sureties, based on the loan certificate dated September 17, 2004, the defendant B pays the amount of KRW 100 million to the plaintiff until March 7, 2005, and the defendant C, etc.