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(영문) 부산지방법원 2017.11.01 2017나43449
대여금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant C and D jointly with Nonparty F in KRW 89,50,000.

Reasons

1. Basic facts

A. On January 2015, the Plaintiff became aware of Defendant C and D between the friendship-gun E, Ulsan-si, and Defendant B is between Defendant C and the husband.

B. On February 16, 2015, the Plaintiff remitted KRW 93,000,000, which is part of the loan amount of KRW 100,000 (hereinafter “first loan”) to Defendant D’s account. (c) around that time, the Plaintiff received a loan certificate issued on February 11, 2015, stating the loan amount of KRW 100,000,000 from Defendant C and D (hereinafter “instant loan certificate”). D. On April 15, 2015, the Plaintiff borrowed real estate from 10,000,000,000 (hereinafter “second loan”) as collateral and lent it to Defendant C without setting interest and maturity.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-4 of evidence Nos. 1-2 and 2-4, the purport of the whole pleadings

2. Determination as to the request for the payment of the first loan

A. The gist of the Plaintiff’s assertion 1) The Plaintiff primarily lent F a loan of KRW 100,00,000,000, which is the primary loan, to the Defendants, and on the grounds that the Defendants jointly and severally guaranteed the above loan claims, the Plaintiff claimed for the payment of KRW 89,50,000 and the delayed payment damages therefor against the Defendants. 2) Preliminaryly lent the above loan amount of KRW 100,000,000 to Defendant C, and Defendant B and D jointly and severally guaranteed the above loan claims, the Plaintiff claimed against the Defendants for the payment of KRW 89,50,000 and the delayed payment damages.

B. Whether the Plaintiff recognized the joint and several liability of Defendant C and D (the primary cause of claim) 1 as joint and several liability, there is no dispute between the parties regarding the fact that the Plaintiff lent KRW 100,000,000,000, the primary loan to F on February 16, 2015, and that Defendant C and D guaranteed the Plaintiff’s obligation.

Therefore, Defendant C and D agree to the first loan unless there are special circumstances.

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