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Reasons
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(영문) 전주지방법원 2018.11.08 2016가합1488
대여금
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Summary of the parties' arguments

A. Plaintiff 1) The Plaintiff lent KRW 1,231,70,000 to Defendant B. The Plaintiff did not receive a total of KRW 802,50,000 from the Defendants’ joint and several sureties, and the Plaintiff did not pay the Plaintiff a total of KRW 1,231,70,000. Defendant B is jointly and severally liable to pay the Plaintiff a total of KRW 802,50,000 and delay damages therefor. 2) The Plaintiff extended a total of KRW 8,66,802,349 to the Defendants, and the Plaintiff paid a total of KRW 6,132,396,200 from the Defendants. Since some of the promissory notes issued as security are settled without default, the amount of the Defendants’ unpaid debt to the Plaintiff is now paid in KRW 2,182,068,879.

3) As of July 12, 2017, the Plaintiff lent total KRW 8,872,480,452 to the Defendants. Since the Plaintiff received KRW 3,183,896,70 from the Defendants and received reimbursement from the Defendants, the amount of the Defendant’s unpaid debt to the Plaintiff is KRW 5,688,583,752.

Final 4 July 4, 2018 2 pages of the preparatory brief

B. Defendant B’s assertion 1) The amount borrowed from Defendant B is KRW 3,055,721,442, and the amount repaid by Defendant B is KRW 3,192,891,50,00 in excess of the amount borrowed by Defendant B. Defendant C did not pay any more to the Plaintiff. Defendant C as a representative in the form of D, stating that “I would not demand reimbursement to the Plaintiff.” Defendant C would prepare a formal loan certificate, etc. from the Plaintiff. The Defendants notified the Plaintiff of his intent of revocation on the grounds of deception through a preparatory document as of July 12, 2016.

In addition, the plaintiff and the defendant C were pro rata, and both the loan certificate and the joint and several guarantee agreement prepared by the defendant C are null and void since they conspired with the plaintiff and expressed false intent.

2. Determination 1 on the cause of the claim is recognized.

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