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(영문) 대구고등법원 2016.05.03 2015나23339
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants against Plaintiff A in excess of the following amount ordered to be paid.

Reasons

1. The part of Plaintiff A’s claim

(a) The facts following the facts are either in dispute between the parties or acknowledged by the statements in Gap evidence 1, 6, and 7, respectively, and there is no counter-proof.

1) Defendant D Co., Ltd. (hereinafter “D”)

(2) On January 25, 2010, Defendant C prepared a loan certificate (No. 7; hereinafter “the first loan certificate”) as follows and affixed a seal on behalf of Defendant D as a joint and several surety on behalf of the Plaintiff on January 25, 2010.

on January 25, 2010, KRW 525,000,000 (525,000,000) obligor Defendant C borrowed the above amount from the obligee on January 25, 2010, and the repayment period will be February 26, 2010.

Provided, That no interest shall accrue.

On January 25, 2010, Defendant C’s representative director C (the official seal of the representative director) who is a joint and several surety of Defendant C (the seal of the debtor’s private individual) is the joint and several surety of Defendant C) Defendant C, on February 26, 2010, with the following loan certificates (the evidence No. 2-1, No. 2-1, and 2-1, hereinafter referred to as “

(2) The debtor C, on February 26, 2010, borrowed the above amount from the creditor and the repayment period shall be April 30, 2010: Provided, That there shall be no interest. On February 26, 2010, the debtor C, a joint and several surety, who is the defendant C (private seal) representative director, who is the joint and several surety, shall affix the seal of the above amount.

B. As seen earlier than the establishment of a monetary loan for consumption and a joint and several liability contract, Defendant C prepared and sealed the Plaintiff’s primary and secondary evidence, and Defendant C, as the representative director of Defendant D, signed a monetary loan agreement with the Plaintiff as indicated in the primary and secondary evidence. As such, Defendant C signed a monetary loan agreement with the Plaintiff as indicated in the primary and secondary evidence. Defendant C signed a monetary loan agreement with the Plaintiff.

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