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(영문) 대구지방법원 2020.07.09 2019가단122377
대여금
Text

1. Defendant C shall pay 40,000,000 won to the Plaintiff and 30% per annum from June 3, 2014 to the day of full payment.

Reasons

1. Claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against the defendant B

A. The Plaintiff’s assertion 1) at the time of filing the instant lawsuit, the Plaintiff lent KRW 40 million to Defendant B at the time of filing the instant lawsuit, and Defendant C asserted that Defendant C jointly and severally guaranteed it, and Defendant B did not have any knowledge of the Plaintiff and borrowed money from the Plaintiff, and did not have any fact of preparing and delivering a loan certificate, as described in paragraph (2) below.

2) Around January 22, 2010, the changed assertion Plaintiff leased money to Defendant C by means of transferring KRW 29 million to the account of Defendant C designated by Defendant C, and received the certificate of personal seal impression issued by Defendant C on the same day. Since then, the Plaintiff additionally lent KRW 10 million to Defendant C. Around September 29, 2010, the Plaintiff received a loan certificate for KRW 30 million and a loan certificate for KRW 10 million from Defendant C. Each of the above loan certificates was written as a joint and several surety by Defendant B and Defendant C. Since Defendant C was unable to pay interest at the time, Defendant C was jointly and severally entrusted with the Plaintiff’s right of representation on June 2, 2014, the Plaintiff was jointly and severally entrusted with the Plaintiff’s business registration to the Plaintiff’s account, such as the loan of KRW 10,000,000,000,000,0000,000,000,000.

(2) A person who permits another person to conduct a business by using his/her name or trade name shall do so.

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