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(영문) 서울고등법원 2015.11.03 2013나58998
대여금
Text

1. Each part of the judgment of the court of first instance against the defendant (appointed party) and the appointed party C and D shall be revoked.

2. The plaintiff.

Reasons

1. Basic facts

A. On Nov. 14, 2005, the Plaintiff leased KRW 80 million to the Defendant on Feb. 15, 2006, the Plaintiff borrowed from the Defendant on Nov. 14, 2005, with the rent of KRW 200 million as part of the contract deposit, and the redemption date shall be February 15, 2006. The Plaintiff borrowed from the Defendant the loan certificate stating that “the rent of KRW 200 million shall be paid as part of the contract deposit in the Gangseo-gu multi-family housing business site, with the rent of KRW 200 million, and the redemption date shall be February 15, 2006.” The Selection LAF guaranteed the Defendant’s debt against the Plaintiff.

B. Around June 21, 2006, the Defendant paid KRW 30 million to the Plaintiff. Around June 21, 2006, the Defendant issued a promissory note with a face value of KRW 170 million to the issuer, the issuer, the payee, the Plaintiff, the date of issuance, June 21, 2006, the date of payment, August 10, 2006, the place of payment, and the place of payment, and the Seoul Gangseo-gu, Gangseo-gu, Seoul, the place of payment, and the place of payment, and the place of payment, and a notarial deed with the purport that there is no objection even if the said promissory note is immediately enforced.

C. On October 23, 2006, the Defendant would pay KRW 170 million to the Plaintiff by December 20, 2006.

A written statement of payment stating “A” was drawn up, and the Selection C and E jointly and severally guaranteed the Defendant’s obligation to borrow the Defendant’s loan to the Plaintiff. D around July 24, 2009, the Defendant paid KRW 20 million to the Plaintiff. Around October 30, 2009, the Defendant prepared a letter of loan stating “The amount of KRW 70 million out of KRW 150 million shall be paid by October 30, 2009, and the remainder of KRW 80 million shall be paid by December 20, 2009,” and the Selection D jointly and severally guaranteed the Defendant’s obligation to borrow the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination of the parties' arguments

A. According to the facts of the judgment as to the plaintiff's cause of action, unless there are special circumstances, the defendant and the selected parties C, D, and E shall be jointly and severally the defendant and the selected parties C, D, E, and each of them.

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