logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.08.29 2018가단14877
대여금반환
Text

1. Defendants jointly and severally liable to the Plaintiff KRW 63,750,000 and Defendant C with respect thereto from July 6, 2018, and Defendant D with respect thereto from July 6, 2018.

Reasons

1. Comprehensively taking account of the overall purport of the arguments stated in Gap evidence Nos. 1, 7, and 8 (including additional serial numbers), defendant C borrowed money several times from 2016 to 2018; the defendant C borrowed money from the plaintiff; the defendant C borrowed money from Sep. 30, 2016 to Oct. 9, 2016; the amount of KRW 20 million on Nov. 7, 2016; the amount of KRW 500,000 on Nov. 15, 2016; the amount of KRW 60,000,000 on Nov. 15, 2016; the amount of KRW 3 million borrowed money from the plaintiff; the amount of KRW 61,00,000 on Feb. 14, 2017; and the amount of KRW 601,507,000,000,000 for each of the defendant C’s joint and several surety is the defendant C16, respectively.

2. The parties' assertion

A. The Plaintiff asserted that he lent money to Defendant C several times.

On June 10, 2017, Defendant C prepared a letter of payment of KRW 63750,000 to the Plaintiff with the total amount of money loaned during the period, and Defendant C written the letter of payment as joint and several sureties.

The Plaintiff received the certificate of the personal seal impression from Defendant C.

Defendant D has delegated Defendant C with the authority to conclude a joint and several guarantee contract with the Plaintiff for the said obligation, or at least bears the burden of apparent representation under Article 126 of the Civil Act.

B. The Defendants’ assertion that Defendant C bears against the Plaintiff is KRW 4,3750,00.

There is no fact that Defendant D has delegated the power to conclude a guarantee agreement with Defendant C.

Defendant D may request Defendant C to remove his seal imprint.

arrow