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Reasons
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(영문) 대전지방법원 천안지원 2018.06.08 2017가합653
대여금
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1. The Defendants are jointly and severally liable to the Plaintiff, and Defendant B shall be from July 21, 2017 to Defendant C with respect to the amount of KRW 275,600,000.

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff, under Defendant C’s joint and several guarantee, lent KRW 300 million to Defendant B on October 31, 2007 (see, e.g., evidence 3; hereinafter “instant loan”). The Defendants are jointly and severally liable to pay the instant loan to the Plaintiff.

B. Although Defendant B borrowed KRW 300 million from the Plaintiff, the Plaintiff’s claim is without merit since: (a) around December 2012, 2012, Defendant B provided the Plaintiff with the share in the fish farm owned D (license number E); (b) the Plaintiff completed a provisional attachment on the real estate held in the name of Defendant C; (c) the Plaintiff transferred the bonds held by Defendant B against a third party and the judgment related thereto to the Plaintiff on January 14, 2012; and (d) repayment of KRW 300 million to the Plaintiff on January 14, 2013, the Plaintiff’s claim is without merit.

C. Defendants 1) The Plaintiff’s claim against Defendant C is unreasonable. (A) The instant loan that the Plaintiff sought payment to the Defendants is KRW 275,600,000 borrowed from the Plaintiff on July 30, 2008 from the Plaintiff as a loan and a customs substitute payment, and Defendant C did not have any joint and several sureties with respect to the said money (see subparagraph 2 of this Article).

B. The evidence Nos. 1 to 3 presented by the Plaintiff as the ground for the joint and several surety debt of this case against Defendant C is either partially altered or falsely prepared.

① On March 26, 2007, the Plaintiff lent KRW 120,000,000 to Defendant B, and KRW 200,000,000,000 to August 8, 2007. Of them, Defendant B repaid KRW 120,00,000 to Defendant B, and around October 2007, the Plaintiff’s loan claim against Defendant B was KRW 200,000.

However, as Defendant B requested a loan of KRW 100 million at another city around October 2007, the Plaintiff: (a) issued a loan certificate of KRW 300 million; and (b) requested D and Defendant C as a joint guarantor; and (c) written evidence No. 1 on October 31, 2007 between the Plaintiff and Defendant B.

In addition, on November 1, 2007, the Plaintiff remitted KRW 100 million to Defendant B on the following day.

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