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(영문) 서울고등법원 2017.03.30 2016나209650
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The Selection B shall pay to the Plaintiff KRW 200,000,000 and this shall apply to the Plaintiff.

Reasons

1. Basic facts

A. On July 14, 2004, the Plaintiff loaned KRW 200 million to the designated parties B, respectively, at the maturity of September 14, 2004 and at the rate of 18% per annum.

(hereinafter “instant loan”). (b) The instant loan

On the same day, C (the Plaintiff was a creditor of the instant loan) and the Defendant and the Appointor H (the Appointed was represented by the Defendant and the Appointor H) indicated that “The notarial deed on the instant loan loan contract was prepared with the content that “the Defendant and the Appointor shall jointly and severally guarantee the obligation of the instant loan” (hereinafter “instant notarial deed”). In the instant notarial deed, the notarial deed states that “the power of representation on the instant commission was recognized by the power of attorney attached to the notarial deed.”

C. From July 14, 2006 to December 31, 2010, the Selection Party B deposited the interest on the instant loan into the bank account in the name of E used by the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap 2, 3, 4, Eul 3, Eul 3 (including Serial number), the purport of the whole pleadings

2. Determination:

A. 1) According to the above facts of recognition as to the claim for the Claimant B, the Claimant B is obligated to pay the Plaintiff the instant loan amounting to KRW 200 million, its interest, and delay damages, barring any special circumstance. 2) In this regard, the Claimant B is asserting that the instant loan was already repaid, but it is not sufficient to acknowledge this only with the descriptions of the evidence Nos. 6 and 7, and there is no other evidence to acknowledge this.

The above argument of the Appointor B is without merit.

3) Therefore, Selection B is obligated to pay to the Plaintiff damages for delay calculated by an agreement of 18% per annum from January 14, 2011 to the date of full payment with respect to KRW 200 million of the instant loan and its final interest payment. B) As to the Plaintiff’s claim against the Defendant and Selection, Selection B is legitimate at the time of the Plaintiff’s preparation of the instant notarial deed.

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