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Reasons
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(영문) 서울북부지방법원 2015.01.15 2013가합23062
대여금반환 등
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1. The Plaintiff:

A. Defendant B and C shall be jointly and severally paid KRW 215,00,000 and shall be fully paid from November 20, 201.

Reasons

1. Basic facts

A. On July 20, 2006, Defendant B, C, and D issued to the Plaintiff a promissory note with the face value of KRW 150,000,000,000 and the due date of August 31, 2006, and written a promissory note notarial deed (hereinafter “notarial deed of this case”). At the time, Defendant C represented Defendant D.

B. On September 8, 2006, F Co., Ltd. (the representative director Defendant D) drafted a loan certificate of KRW 65,000,000 to the Plaintiff (the repayment date September 30, 2006; hereinafter “the loan certificate of this case”). Defendant C signed the loan certificate of this case as a joint and several surety.

C. On October 3, 2006, F Co., Ltd. (the representative director D, Defendant C) drafted a contract for transfer and acquisition of H two commercial buildings located in Jung-gu Seoul Metropolitan Government (hereinafter “instant contract for transfer and acquisition”). On October 20, 2006, F Co., Ltd. (the Defendant D, and his agent) agreed to pay the Plaintiff the total amount of KRW 215,000,000 according to the instant deed and the instant loan certificate by October 20, 2006, adding the interest of KRW 3% per month, and Defendant B signed on the instant contract for transfer and acquisition as a joint and several surety.

On February 16, 2007, Defendant B prepared to the Plaintiff a joint and several surety (as of March 31, 2007; hereinafter “instant joint and several surety”) for KRW 150,000,00 in Defendant E’s name.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. The parties' assertion;

A. The plaintiff's assertion has lent KRW 215,00,00 to defendant B, C, and D, and defendant E has a joint and several surety for KRW 150,00,000 among them. The defendants are jointly and severally liable to pay the money stated in the claim and interest or delay damages calculated by 3% per month, which is the agreed interest rate.

B. The defendants' assertion (1) since the principal of the debt related to the notarial deed of this case is only KRW 100 million, and the principal of the debt related to the notarial deed of this case is only KRW 50 million, there is no responsibility for the exceeding part.

(2) Defendant.

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