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(영문) 광주지방법원 2016.02.15 2015나51063
대여금
Text

1. Of the judgment of the first instance court, the part against the Defendants in the judgment is modified as follows.

The Defendants shall be jointly and severally.

Reasons

1. Basic facts

A. Defendant B is a company aimed at the unclaimed design, waterproof construction business, etc., and Defendant C is a wife of H, who is the former representative director of Defendant B, and Defendant D is the mother of Defendant C.

B. The Plaintiff lent money to Defendant C several times. On December 20, 2002, the Plaintiff determined the sum of the loans of Defendant C as KRW 80,000,000 between Defendant C and H, who was the representative director of Defendant B, as of December 20, 2002. As to this, Defendant B, the Defendant C, as joint and several surety, the principal amount of KRW 80,000,00, and the due date for payment, as of June 20, 2003, written a certificate of borrowed money (hereinafter “certificate of borrowed money of this case”).

C. On April 16, 2003, the Plaintiff, Defendant C, and D drafted a notarial deed of cash loan agreement (hereinafter “notarial deed of this case”) with a maturity of 65,000,000 won on the remainder of the loan except the amount repaid under the loan certificate of this case as the principal amount of 1775 on April 16, 2003, the creditor, the Plaintiff, the principal debtor C, the principal debtor C, the joint and several sureties, the date of repayment, January 10, 2003, the maturity of payment on March 20, 2003, and interest rate of 66% per annum.

The Plaintiff remitted to Defendant C the sum of KRW 7,800,000,000 on April 10, 2010, KRW 1,000,000 on February 29, 2012, and KRW 800,000 on April 16, 2012 (hereinafter “instant remittance”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Claim for loans to the Defendants

A. According to the above facts, Defendant B is obligated to repay the above KRW 80,000,000 jointly with Defendant C by preparing and delivering the Plaintiff’s loan 80,000,000 to Defendant C with the principal debtor. Defendant D is jointly and severally liable to repay the above KRW 80,000,000 among the above loan 80,000,000, which is part of 65,000, as a joint and several surety, by preparing and delivering the notarial deed of this case with Defendant C as a joint and several surety.

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