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(영문) 서울서부지방법원 2020.03.13 2019나917
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. As Defendant C, while working as the representative of Plaintiff D, entered into a PM agreement with G, a land owner representative with respect to the Bupyeong-si E District Development Project, and the project fund was needed while carrying out the said Development Project, Defendant C was introduced through Defendant B and H.

B. On September 24, 2015, at the Plaintiff’s officetel office located in Mapo-gu Seoul Metropolitan Government I, the Plaintiff and the Defendants drafted the following loan certificates (Evidence A 1; hereinafter “the instant loan certificate”) with Defendant B as the debtor and Defendant C as the guarantor. The Defendants signed and sealed each of the Defendants’ names on the instant loan certificates, and the Plaintiff paid KRW 100 million (10 million cashier’s checks) to the Defendants.

The principal of the next increase of capital: The date of borrowing KRW 100,000 (10,000,000): September 24, 2015: The payment period: the purpose of September 24, 2015 (3 months): the debtor shall enter into a J/m contract at Seocheon-si, Gyeonggi-do. The debtor shall enter into a contract with the debtor on December 24, 2015. The debtor shall have borrowed the above under the above conditions, and the joint guarantor shall be a joint and several surety for the debtor's performance.

The name of the borrower: B (resident registration number of the borrower: K address: The name of the guarantor: NA (person) resident registration number of the applicant: P Q head: R creditor of the Hanam-si: Ha (party)

C. However, as the Defendants failed to repay the above borrowed amount by the maturity date, the Plaintiff urged the Defendant C to pay the borrowed amount through text messages from April 2016 to July 2016, through H, and the Defendant C responded to the purport that “I want to do so. I want to do so. I are frighten. I believe that the said borrowed amount is money.”

[Ground of recognition] There is no dispute, or the purport of Gap's statements and the whole pleadings

2. According to the above facts of determination as to the plaintiff's cause of claim, the defendants jointly and severally paid the above borrowed amount of KRW 100 million to the plaintiff and the plaintiff with regard thereto.

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