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(영문) 서울동부지방법원 2018.01.18 2016가합3162
대여금
Text

1. Defendant B and Selection jointly and severally with the Plaintiff KRW 220,000,00 and Defendant B with respect thereto from October 28, 2016.

Reasons

1. Facts of recognition;

A. In relation to Defendant B, the selected D is her husband, and Defendant C and the Appointed E (hereinafter “Defendant C”) are children.

[The First Certificate] Creditor: The plaintiff, the debtor: the defendant B, and the debtor: 200 million won, the defendant B borrowed the above amount from the plaintiff.

In addition, I promise to make FC cases and G cases with principal and interest interest at a 20 million won rate, continue to be repaid by the end of September 2016, and promise to make payment by the end of September, 2016, and the money to 200 million won shall be paid at least one million won on the 12th day of each month and at the end of each month, at least 500,000 won.

I would like to lose the benefit of time and make the balance repaid in full at least once.

[2] Defendant B borrowed money under the guarantee of the Plaintiff, and 20 million won as of the last day of the 20 million won, and 200 million won as of the last day of the 200 million won, shall enter the next round of money (hereinafter omitted).

B. On September 28, 2016, Defendant B prepared two copies of the loan certificate (hereinafter “the first and second copies”) and delivered them to the Plaintiff in order.

The main contents of the first and second evidence shall be as follows:

C. At the time, the SelectionD, on its own hand, signed the name, resident registration number, and telephone number at the bottom of the second-use certificate.

On the other hand, the name, resident registration number, and telephone number of the defendant C, etc. are described respectively under the personal information of the designated person D.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and Eul evidence 2 (for the Claimant D, the name of the Claimant D which is recognized as the completion of the written appraisal by appraiser H, the authenticity of the entire document is presumed to have been established) and the purport of the whole pleadings

2. Claim against Defendant B and Selection D

A. According to the above facts, Defendant B is the principal debtor, barring any special circumstance, and Defendant D is jointly and severally a joint and several surety for the Plaintiff with the loan amount of KRW 220 million and the same.

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