(영문) 수원지방법원 성남지원 2018.05.30 2017가단22437

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(영문) 수원지방법원 성남지원 2018.05.30 2017가단22437

대여금

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1. Defendant B’s KRW 174,600,000 as well as 5% per annum from April 27, 2017 to December 19, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On April 18, 2017, the Plaintiff lent KRW 170 million upon receiving a request from Defendant B to lend money.

B. Around that time, Defendant B prepared and implemented a payment note (hereinafter “the instant note”) stating that “28.5 million won out of the said money was first paid to the Plaintiff on April 26, 2017, and KRW 70 million was paid up to August 31, 2017, and that the remainder of KRW 76.1 million was paid up to December 29, 2007, and a part of each month was paid, and the said agreed date was null and void at the time of violation.”

C. However, the instant letter of payment states not only the Defendant B as well as the Defendant C, and also the Defendant C, the main text of the letter of payment states that Defendant C is jointly and severally liable for the payment of the above amount with the Defendant B, and at the bottom of the letter of payment, the name of the Defendant C is written, and the signature is affixed with the seal affixed thereon.

[Ground for Recognition] Defendant B: The part of the evidence No. 1 (excluding the part for which the petition is not recognized) and the shape, and the purport of the whole argument

2. According to the above basic facts as to the claim against Defendant B, Defendant B is obligated to pay the Plaintiff a lump sum repayment of the loan amounting to KRW 174,600,000 and the amount of delay damages calculated at the rate of 5% per annum as prescribed by the Civil Act from April 27, 2017 to December 19, 2017, the delivery date of a copy of the complaint of this case, and the amount of delay damages calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. As to the claim against Defendant C, the Plaintiff claimed that Defendant C pay the above loan jointly with Defendant C pursuant to the letter of commitment (Evidence A 1) of this case, and the Defendant C did not affix his signature or seal to the letter of commitment.

The signature and seal of Defendant C on the letter of payment in this case is above.

참조조문

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-소송촉진 등에 관한 특례법

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