(영문) 대구지방법원서부지원 2019.07.11 2018가합51243

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(영문) 대구지방법원서부지원 2019.07.11 2018가합51243

차용금

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1. The Defendants jointly committed against the Plaintiff KRW 500,000,000 and KRW 200,000 among them, from October 1, 2013 to 300,000.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 200 million to Defendant B on March 22, 2013 and KRW 500 million on June 3, 2013. After that, Defendant B agreed that KRW 200 million out of the above KRW 500 million shall be paid until September 30, 2013, and KRW 300 million shall be paid until November 30, 2013 (Evidence 1; hereinafter “the instant loan certificate”).

(2) The Defendants were jointly and severally liable to pay to the Plaintiff KRW 500 million and the damages for delay from the following day after each due date. (2) The Defendants’ assertion did not borrow money from the Plaintiff, and only borrowed KRW 500 million from the Plaintiff and the persons interested in the agreement with the Plaintiff.

The loan certificate of this case is signed and sealed by D with the intention of preparing and delivering it to D, and there was no indication of the Plaintiff’s personal information, such as “A Ha”, at the bottom of the above document.

Therefore, based on the loan certificate of this case, a person holding a loan claim of KRW 500 million against the Defendants is not the Plaintiff, but D. Since D transferred the above loan claim of KRW 1.2 billion to E on April 1, 2015, including the loan claim of KRW 500 million, the Plaintiff did not have the right to seek a loan payment based on the loan certificate of this case.

B. The main contents of the loan certificate of this case 1 are as follows. Defendant B is the borrower, Defendant C is the guarantor, and each seal was affixed to each of the Defendants’ personal information as the guarantor, and the document contains the Plaintiff’s personal information at the bottom of the document along with the phrase “A return.”

The borrowed amount: 200 million won borrowed on September 30, 2013 for the first three months of 500 million won shall be paid on September 30, 2013, and 300 million won borrowed on June 3, 2013 shall be paid on November 30, 2013.

The investment profit is KRW 500,000,000,000,000 or more apartment buildings under construction on the above lands of F and G.

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