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(영문) 부산지방법원 서부지원 2018.06.26 2017가단108644
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 80,000,000 and Defendant B with respect thereto from October 11, 2017, and Defendant C.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1, the plaintiff extended a loan of KRW 80 million to defendant B on August 31, 2014 by setting the interest rate of KRW 200,000 per month (the last day of each month due to the late payment) and the due date of payment on August 31, 2017, and the defendant C guaranteed the defendant B's obligation to the plaintiff at the time of the above loan.

According to the above facts, the defendants are jointly and severally liable to pay the above loan amount of KRW 80 million and interest or damages for delay, unless there are special circumstances to the plaintiff.

Defendant C, while recognizing that it was signed and sealed on the guarantor column of the evidence No. 1 (money lending and borrowing certificate), the above document is a document drawn up without lending or borrowing money between the Plaintiff and the Defendant B, and the above loan agreement between the Plaintiff and the Defendant B is a juristic act invalid as a false conspiracy mark.

On August 31, 2014, the Plaintiff withdrawn money from Defendant B’s deposit account in the name of Defendant B, without dispute between the parties. According to the evidence evidence No. 5, the above KRW 80 million around August 25, 2014; KRW 43 million; KRW 10 million; KRW 27 million; and KRW 27 million; and KRW 88,000,000,000; and around September 5, 2014, the amount is the same as the total amount of principal of the money deposited with interest at the regular deposit account in the name of Defendant B; and around that time, around September 5, 2014, it is recognized that the Plaintiff borrowed money again in the name of Defendant B and KRW 65 million; KRW 10 million; KRW 27 million; and the Plaintiff’s payment of money again was difficult to understand, as otherwise alleged by the Plaintiff, and the Plaintiff’s payment of money again was 88,000,0000,00 won.

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