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(영문) 서울고등법원 2015.04.30 2014나2033046
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The plaintiff on August 14, 2006 (the trade name before the change: C; hereinafter referred to as "B")

On March 28, 2014, the first instance court rendered a loan of KRW 1.25% per interest month and KRW 200 million as of August 13, 2007 on the repayment date to the Defendant (the trade name before the change is F Co., Ltd. and completed the mutual change on November 21, 2011).

3) The above loan obligations (hereinafter “the loan obligations of this case”) shall be the loan obligations.

(1) the performance guarantee (hereinafter referred to as the “instant guarantee”) is the series of guarantees guaranteed by the Defendant.

(2) On behalf of the Plaintiff, H who carried out the instant lending business on behalf of the Plaintiff was not the seal of G individual but the seal of the Defendant’s corporation. The guarantor column of the loan certificate (A No. 6) written at the time was stamped by G’s name and location, and the name next to the representative director G’s name.

Accordingly, on October 13, 2006, B, D, and the Defendant drafted again a loan certificate (No. 7) stating "amounting to 200 million won, interest rate of 1.25% on October 13, 2006, and October 12, 2007 on the repayment date," and on October 13, 2006, G, the representative director of the Defendant, stated in the guarantor column of the above loan certificate (Evidence No. 7), and affixed a seal to the corporation.

3) On August 14, 2008, B and D newly prepare a certificate of loan (Evidence No. 5) stating that interest shall be paid at 1.25% per month (payment on October 5, 2009) and at least 2% per month if payment is not made by the due date. However, the defendant representative director G stated in the guarantor column of the above certificate of loan and affixed a corporate seal on the side of the certificate of loan and affixed a corporate seal. 4) The plaintiff was paid at KRW 2 million per month from D to October 5, 2013 as interest or delay damages.

[Ground of recognition] The evidence Nos. 5 through 9, 13, and 5 and 7, respectively, are evidence No. 8 and 9.

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