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(영문) 대구지방법원 안동지원 2017.02.08 2016가단2789
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 170 million from August 14, 2003 to August 24, 2006.

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2-1, 2, and 3.

The Defendants are married couple.

B. On August 13, 2003, the Defendants confirmed that, as follows, Defendant B and Defendant C, a joint guarantor, will be liable for the principal and interest payment on the date of the repayment of principal and interest, with the following contents written “the loan certificate of this case” (hereinafter “the loan certificate of this case”). Defendant B of Korea branch D branch office and Vice Minister of Bank D branch office in the Plaintiff bank, with the loan borrowed in the Plaintiff’s name on June 25, 2003 and KRW 160 million on June 30, 2003 and KRW 160 million on June 30, 2003, with the loan of KRW 260 million in the name of the Plaintiff, the principal and interest shall be repaid without the maturity of the principal and interest payment date and KRW 260 million on the loan of KRW 200 million.

issued this chapter.

The defendants did not object to the first payment order on August 9, 2006. Accordingly, the first payment order between the plaintiff and the defendants was finalized on August 24, 2006.

On May 19, 2016, the Plaintiff applied for the instant payment order to the court in order to suspend the completion of extinctive prescription of the claim based on the first payment order.

2. Determination

A. The plaintiff 1's assertion of the parties asked the plaintiff to lend money to the plaintiff in order to repay the loan obligation to the plaintiff. Accordingly, the plaintiff is the defendant.

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