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(영문) 서울중앙지방법원 2019.10.15 2017가단5185264
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 7, 2016, the Plaintiff lent KRW 200 million to C Co., Ltd. (this title is changed to “D”; hereinafter referred to as “D”), regardless of the change of name, and D’s representative director E borrowed KRW 200 million and repaid it until April 7, 2016 to the Plaintiff on the same day, and issued to the Plaintiff a loan certificate to the effect that “D borrowed KRW 200 million and repaid it by April 7, 2016.”

B. On July 12, 2016, E prepared a statement of performance to the effect that “A joint guarantor D, together with D, promises to repay KRW 400 million until July 28, 2016,” and issued it to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 5, 6-1, 2, and 7, the purport of the whole pleadings

2. Claims for the cause of claims;

A. The Plaintiff holds a refund bond amounting to KRW 100 million invested in D when trading convertible bonds and a loan bond amounting to KRW 200 million.

B. D has a loan claim which has become due and payable KRW 2.35 billion in total, including the amount of KRW 350 million on June 13, 2014 and KRW 2.0 billion on July 2, 2014.

C. D had filed a petition for bankruptcy two times in the past, and there was no financial ability to delisting on March 7, 2017. Therefore, the Plaintiff, the obligee, based on the obligor’s monetary claim against D, may file a claim on subrogation of the claim for the return of loans held by D against the Defendant, the third obligor, and thus, the Defendant is liable to pay the Plaintiff money as stated in the purport of the claim.

3. Issues - Determination as to the existence of subrogation claim -

A. First, the Defendant denies the authenticity of the evidence Nos. 10-1 and 2 (each monetary loan contract) that the Defendant borrowed money from D.

We examine whether the authenticity of each of the above documents is recognized or not.

Although there is no dispute between the parties that the seal affixed to each of the above documents is affixed by the defendant's seal, each of the above documents is taken by the witness E's testimony, from the defendant's actual operator F at the time of E.

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