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(영문) 부산지방법원 2016.04.26 2015가단62575
대여금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay KRW 25,00,000 and the same from November 18, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On November 18, 2014, the Plaintiff lent KRW 33,000,000 to Defendant B as follows:

(2) If a person fails to repay the principal of KRW 1,00,000 from June 18, 2015 to June 18, 2015, the interest payment of KRW 200,000 per month (9.6% per annum) is made from June 18, 2015 to June 18, 2018, the principal amount of KRW 1,000 shall be paid in lump sum, but if he/she fails to repay the principal amount of KRW 8,00,000 per month until June 18, 2015, he/she shall be paid in lump sum. (2) If he/she fails to repay the principal amount of KRW 20,000,000 per month until June 18, 2015, the principal amount shall be paid in lump sum.

B. On November 19, 2014, Defendant B paid the principal amount of KRW 1,500,000 with respect to the loan obligation under the foregoing (2) as of November 19, 2014, and Defendant B failed to pay the remainder of the principal and interest among the instant loan.

C. On the other hand, the above A.

(1) The Defendant C’s signature and seal is affixed to the joint and several surety column of the loan certificate (No. 1-1, hereinafter “the loan certificate of this case”) regarding the loan of this case.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1-1-2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants are obligated to pay the remainder of the instant loan to the Plaintiff, except in extenuating circumstances.

B. As to this, Defendant C did not have signed on the joint and several guarantee column of the instant loan certificate.

The facts that Defendant B used on behalf of Defendant C in the joint and several surety column of the loan certificate of this case are the Plaintiff, but the Plaintiff is also the Plaintiff. However, according to the facts that there is no dispute between the parties, the entries in Articles 2 and 3, and the purport of the whole pleadings, Defendant B issued a certificate of personal seal impression issued by Defendant C on October 24, 2014 near the date of the loan of this case to the Plaintiff and affixed the seal impression of Defendant C on the loan certificate of this case. Defendant C also received directly from the Plaintiff the amount of KRW 9,60,000 on November 28, 2014. Considering such circumstances, Defendant C was considered.

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