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(영문) 서울중앙지방법원 2016.06.15 2016나13955
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff agreed to lend attorney fees and expenses to the clients of the case, who are attorneys-at-law, B (hereinafter referred to as the “Appointed”), and the Defendant (hereinafter referred to as the “Defendant”) and the appointed party (hereinafter referred to as the “Defendant, etc.”) entered into a credit supplement agreement with which the clients’ obligations are jointly and severally guaranteed.

The Plaintiff lent KRW 4,00,00 to C, the client of the criminal case he accepted by the appointed person, and KRW 3,60,000 to D, but the remaining principal due C and D have not been repaid is KRW 4,837,545.

Therefore, the defendant et al. shall jointly and severally pay to the plaintiff 4,837,545 won and damages for delay for the performance of joint and several surety obligation under a credit supplement contract.

B. The defendant's assertion that the defendant et al. guaranteed the defendant's debt to the plaintiff's client only in the case of individual rehabilitation and bankruptcy application. Thus, the remaining principal of the plaintiff's claim is not included in the scope of the contract for credit supplement

2. Facts of recognition;

A. The Plaintiff was established for the purpose of running credit business, etc., and the selector operates a law office on the second floor of the amended E-building in Sungnam-si, and the Defendant is an office worker employed by the Appointor’s legal office.

B. On October 14, 2010, the Plaintiff lent the amount equivalent to the attorney’s fees to the client for the instant case by the Plaintiff, and the Appointor entered into a credit complementary contract under which the Plaintiff jointly and severally guaranteed the client’s obligation to the Plaintiff (hereinafter “instant contract”). The Defendant jointly and severally guaranteed the Appointor’s obligation to the Plaintiff under the instant contract.

The main contents of the instant contract are as follows.

Article 1 (Purpose) This Agreement shall not cover individual rehabilitation, application costs for bankruptcy, and fees for attorneys-at-law and certified judicial scriveners.

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