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(영문) 청주지방법원 2020.11.04 2020가단27105
대여금
Text

The defendant shall pay to the plaintiff KRW 100,000,000 as well as 5% per annum from September 29, 2013 to April 20, 2020, and the next day.

Reasons

1. On September 28, 2012, the Plaintiff lent KRW 100,000,00 to C on the ground of the Plaintiff’s claim, and on October 5, 2012, the Plaintiff received a payment note (Evidence A (Evidence A) stating that “the payment of the above borrowed money will be made until September 28, 2013.” The Defendant signed and sealed the name on the lower end of the said payment note as a joint guarantor does not conflict between the parties, or may be recognized by comprehensively taking into account the overall purport of the pleadings as set forth in the evidence Nos. 1 and 2.

In light of the contents and the preparation process of the statement of payment as of October 5, 2012, which can be known in the above recognition facts, the defendant, as a joint guarantor of the loan debt of C, is obligated to pay 100,000,000 won as well as 5% per annum as stipulated in the Civil Act from September 29, 2013 to April 20, 2020, the delivery date of the copy of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. On the Defendant’s assertion, the Defendant asserts to the effect that the debt arising from the payment note of October 5, 2012 of the instant case was a corporate debt of D, and thereafter, the Plaintiff and C have agreed to be exempted from the corporate debt, and the joint and several liability obligations arising from the payment note of October 5, 2012 were exempted.

As alleged by the Defendant, it is difficult to view that the Plaintiff exempted the Defendant from the joint and several liability obligations based on the payment note dated October 5, 2012, solely on the circumstance that the seal affixed to C’s name on October 5, 2012, was affixed to the corporate seal imprint D, or that the Plaintiff separately prepared and delivered a payment note for KRW 100 million from C, as alleged by the Defendant. However, there is no evidence to support that the Plaintiff exempted the Defendant’s joint and several liability obligations.

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