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(영문) 서울북부지방법원 2016.03.03 2015가단21872
대여금
Text

1. Defendant (Appointed Party) B and Appointed C jointly and severally with Plaintiff (Appointed Party) A and Appointed D and E, respectively. 11,400.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1, 2, and 3 as to facts.

F) On May 31, 201, by lending money to Defendant B and G, the father of the Appointor C on May 31, 2011, the F prepared and delivered a loan certificate (Evidence A 1) to the effect that “F is paid KRW 40 million to the Appointor C at the time of termination of the claim provisional seizure case against claim No. 2010Kadan10431 on the joint and several guarantee of G and Defendant B, or on October 31, 2011, by a notary public on June 1, 2011.”

B. On the other hand, on May 10, 2010, the foregoing provisional seizure case for which C filed a claim against H as a creditor with H as KRW 600 million was revoked on July 17, 2013 (the case of revocation of provisional attachment No. 2013Kadan10294, Jun. 17, 2013).

C. Meanwhile, upon the death of F on January 19, 2014, the Plaintiff (Appointed Party) and the designated parties D, and E inherited the property in 1/3 shares.

2. Determination on the claim for a loan of KRW 40 million

A. The plaintiff (Appointed Party) A made a decision on the cause of the claim.

As described in the paragraph, as F, lends KRW 40 million to the Selection under Defendant B’s joint and several sureties, Defendant B and Selection C have a joint and several obligation to repay this.

Defendant B’s joint and several sureties’s representative who is a joint and several sureties and a letter of loan worth KRW 40 million is recognized as above. According to the above facts of recognition, Defendant B and the Appointed are jointly and severally liable for payment to Plaintiff B and the Appointed D and E according to their inheritance shares, barring any special circumstance.

B. As to the Defendant B’s assertion, Defendant B did not obtain the power of representation from the selected B, and the loan certificate and certificate.

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