beta
(영문) 수원지방법원 2017.09.19 2016가단48071

대여금

Text

1. The plaintiff

A. Defendant B and D jointly share KRW 100,000,000, and Defendant B as from September 1, 2015, respectively. < Amended by Act No. 14035, Jan. 1, 2017>

Reasons

1. Determination as to the claim against Defendant B, C, and D

A. The description of the claim as to Defendant B, C, and D is identical to the description of “the cause for claim” attached to the description of the claim.

B. According to Article 208(3)3(b) of the Civil Procedure Act (amended by public notice) of the applicable provisions of law, among the claims against Defendant B and C against Defendant C, Defendant C is only a borrower, and there is no statement that Defendant C bears the obligation of KRW 100 million jointly with other borrowers. In the event there are several obligors, each obligor shall bear the obligation at an equal rate (Article 408 of the Civil Act), unless there is any special declaration of intention (Article 408 of the Civil Act). It is reasonable to view that Defendant C bears the obligation only for KRW 15 million out of KRW 10,000,000 as stated in the above monetary loan certificate (Article 3 and 4 of the Civil Procedure Act). Since Defendant B made a claim against the Defendant B against the Defendant, according to each of the statements in Articles 3 and 4, it appears that the Plaintiff directly borrowed KRW 43 million from the Plaintiff and the Plaintiff bears the obligation to pay KRW 100,000,000,00.

2) Articles 208(3)2 and 150(3) and 150(1) of the Civil Procedure Act of Defendant D’s D’s (i.e., deemed as a confession)

2. In light of the overall purport of the oral argument in the statement No. 1 of the judgment as to the claim against Defendant E, Defendant E’s promise to borrow KRW 100 million from the Plaintiff with Defendant B, C, and D and to repay it until August 31, 2015 is recognized.

Where there are several obligors, each obligor shall, in the absence of any special agreement, assume the obligations in equal rates.

As such, (Article 408 of the Civil Act). Defendant E is about the existence and scope of the obligation of Defendant E from September 1, 2015, which is the loan of KRW 25 million equivalent to KRW 1/4 of the above KRW 100 million to the Plaintiff.