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(영문) 대구지방법원서부지원 2017.06.14 2017가단1909
대여금
Text

1. The defendant shall be jointly and severally and severally with C to the plaintiff KRW 20,000,000 and shall be annually from May 9, 2016 to June 14, 2017.

Reasons

1. Basic facts

A. On December 9, 2015, the Plaintiff leased KRW 20 million to C with the Defendant’s joint and several sureties at interest rate of KRW 12% per annum and by the end of March 2016. On the same day, C and the Defendant were issued a loan certificate stating the above lending and joint and several sureties agreement.

B. On April 4, 2016, when the Plaintiff was unable to receive the above loan upon the lapse of the end of March, 2016, the Plaintiff was promised to make an additional loan of KRW 20 million from C to KRW 40 million, including the previous loan, and additionally lent KRW 20 million to C on the same day, within 3-4 days from the week of the loan. The Plaintiff did not receive a separate loan certificate from C at the time.

C. C transferred 14 million won out of the above 20 million won, which was additionally borrowed from the Plaintiff on April 4, 2016, to the Defendant.

On December 21, 2016, the Defendant sent to the Plaintiff a text message stating that “I will pay the payment of the money to the Plaintiff. I will repay the principal twice at the beginning of the previous month and the end of the previous month.” and that I will immediately process the message if the message occurred.”

E. On January 10, 2017, the Plaintiff filed a payment order with the Defendant and C to jointly and severally pay the said KRW 40 million, and the said payment order was issued on January 10, 2017, and with respect to C, the said payment order became final and conclusive, but the Defendant filed an objection against the said payment order, and the instant lawsuit was implemented.

F. As of April 19, 2017, the Plaintiff: (a) prepared a confirmation document stating that “C himself/herself borrowed additional KRW 20 million from the Plaintiff on April 4, 2016; and (b) submitted it to this court.”

G. Meanwhile, C paid only the agreed interest to the Plaintiff as of December 9, 2015 until May 8, 2016, and did not fully repay the above 40 million won loan obligations to the Plaintiff, and the Defendant also did not repay the Plaintiff the obligation under the joint and several guarantee agreement.

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