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(영문) 대전지방법원 2020.10.07 2019가단135526
대여금
Text

The Defendants jointly and severally pay to the Plaintiff KRW 50,000,000 and interest rate of 12% per annum from November 15, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff is each representative director of D (the name of the corporation is omitted), E, and F.

B. The Defendants are married with each other, and Defendant B is a F employee, and Defendant C is an employee respectively.

C. On August 4, 2006, the Plaintiff lent 86 million won to Defendant C, and thereafter, lent money to the Defendants several times, and drafted a loan certificate with the following contents.

Defendant CA’s evidence No. 3, which was KRW 20 million on August 24, 2015, as the joint and several surety for the principal debtor as of the date the loan certificate was drawn up, and KRW 20 million on November 5, 2015, Defendant C CA’s evidence No. 5, which was KRW 10 million on June 19, 2017, KRW 40 million on July 9, 2018, Defendant C A’s evidence No. 9, which was KRW 20 million on July 9, 2018.

D. On July 20, 2019, the Plaintiff and the Defendants drafted the following borrowed certificates (hereinafter “the instant borrowed certificates”).

The borrowed amount of a loan certificate: (A) the date of repayment: (public) the creditor may claim the debtor for a lump sum repayment of the balance of the debt, and the debtor shall verify that there is no objection thereto, and then he/she shall borrow the said amount regularly. On July 20, 2019: Defendant C: The debtor: the debtor, the joint and several surety of the defendant C: the fact that he/she has no dispute over the plaintiff (based on recognition), the entry in the evidence A (Plaintiff), Nos. 1, 2, 3, 5 through 9, and the purport of the whole pleadings;

2. Determination as to the cause of action

A. In a case where the defendants' disposition of obligation to pay loans is recognized as the authenticity of the documents, the existence of a legal act in the contents must be recognized, barring special circumstances where the existence and content of the expression of intent indicated in the documents are clear and acceptable. According to the above facts of recognition, it is reasonable to view that the plaintiff and the defendants, when preparing the certificate of loan in this case, have determined the unpaid loan amounting to KRW 50 million.

On the other hand, since the loan obligation of this case is a debt with no fixed time limit, the defendants are the defendants.

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