logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.09.06 2015가단30968
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 25,680,000 and each of them, Defendant B from April 10, 2013 to June 29, 2015.

Reasons

1. Basic facts

A. On February 21, 2012, the Plaintiff: (a) provided the Defendants with a maturity of KRW 20 million as of March 17, 2012; (b) provided a notice of payment to the Defendants; (c) lent KRW 10 million on March 17, 2013; and (d) received a power of attorney on the commission of preparation of authentic deeds in total amount of KRW 30 million; (c) received a certificate of attorney on the commission of preparation of authentic deeds; and (d) received a certificate of promissory notes with the Defendants as the Defendants on April 9, 2013.

B. The column for each letter of payment for each letter of delegation for the foregoing letter of delegation for each of the Defendants’ respective signatures and seals are affixed to the issuer column for the above letter of delegation.

C. The Plaintiff is partly repaid from the Defendants, and the Plaintiff still remains a loan of KRW 25,680,000.

[Ground of recognition] Defendant B: A without dispute, entry of evidence No. 1, and purport of the whole pleadings: Service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. According to the facts of the determination as to the cause of the claim, it is reasonable to view that the Defendants jointly issued the above promissory note and expressed their intent to stand a joint and several surety for the above loan obligations. As such, the Defendants jointly and severally liable to the Plaintiff at the rate of KRW 25,680,00 and KRW 25,680,00 from April 10, 2013, the following day after the date of payment, until June 29, 2015, Defendant B, who was served with the duplicate of each of the instant complaint, was 5% per annum under the Civil Act until October 29, 2015, Defendant C, from June 30, 2015, Defendant C, from October 30, 2015 to September 30, 2015, and from October 1, 2015 to September 30, 2015, respectively, shall be liable to pay damages for delay calculated by 15% per annum.

As to this, the defendant B argues that the above payment note, power of attorney, and promissory note are written and sealed by the defendant C without the above defendant's permission, so they cannot be used as evidence.

In full view of the results of an appraiser D's written appraisal, the above payment rejection, power of attorney, and the whole purport of the argument.

arrow