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(영문) 서울중앙지방법원 2014.08.12 2013가단250028

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,000,00 and the Defendants B from January 1, 201 to September 24, 2013.

Reasons

1. Facts of recognition;

A. On August 12, 2010, Defendant B decided to borrow KRW 50 million from the Plaintiff through Nonparty D, a director of the Plaintiff’s intra-company (hereinafter “the instant loan”) and signed and sealed the loan certificate with the following contents (hereinafter “the instant loan certificate”), and delivered it to D.

- The debtor (i.e., the debtor) stated the above amount as non-party D on the loan certificate of this case by the creditor, but considering the whole purport of the pleading in the statement No. 3, the lender of the loan of this case is deemed to be the plaintiff.

interest borrowed on August 31, 2010 - Interest shall be paid in lump sum on the date of repayment of principal in consultation with the subsequent creditor - Principal shall be repaid until December 31, 2010.

B. Defendant C signed and sealed the joint and several sureties of the instant loan certificate.

C. Around August 12, 2010, D issued to Defendant B a cashier’s check of KRW 50 million issued by commercial banks.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 3 (including branch numbers if there are serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

A. According to the facts of recognition as above, Defendant B, the principal debtor of the instant loan, jointly and severally with Defendant C, the joint and several surety, is liable to pay to the Plaintiff 50 million won of the instant loan and damages for delay at each rate of 5% per annum as stipulated in the Civil Act from January 1, 2011 to September 24, 2013, the day following the due date for payment of the instant loan certificate, as sought by the Plaintiff, from September 24, 2013, the delivery date of the duplicate of the instant complaint, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day

In this regard, Defendant B received 50 million won cashier's checks from the representative director F of Nonparty E Co., Ltd. in relation to the G rearrangement project in Seoul Special Metropolitan City, Nowon-gu, and it did not borrow the above money from the Plaintiff.