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(영문) 서울남부지방법원 2016.05.11 2015가단45974
대여금
Text

The Defendants are jointly and severally liable to the Plaintiff for KRW 25,00,000 and the Defendants B from March 11, 2013 to January 14, 2015.

Reasons

Facts of recognition

The defendant B, who is a teacher of the IG in Yangcheon-gu Seoul Metropolitan Council, was detained on December 2, 201 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in this Court 2010 Gohap547.

On November 2012, the members of the above church collected an amount of KRW 1 billion in order to pay damages or prepare deposit money from Defendant B. On November 30, 2012, the Plaintiff transferred KRW 25,000,000 among them to the account in the name of Defendant D.

On December 10, 2012, Defendant B prepared and delivered to the Plaintiff a loan certificate of KRW 25,00,000, due date for repayment as stated on March 10, 2013 (hereinafter “the loan certificate of this case”). On the same day, the remaining Defendants, as the team leader of the above church emergency countermeasure committee, prepared a joint and several surety certificate of the attached Form (hereinafter “the joint and several surety certificate of this case”), in which the creditor and the portion of the amount are vacant, as the team leader of the above church emergency countermeasure committee, and the copy was delivered to each of the creditors, such as the Plaintiff.

[Grounds for recognition] In light of the facts without dispute, the entries in Gap's evidence 1 through 3, and the facts of the determination as to the ground for the claim as a whole, defendant Eul is the principal debtor. The remaining Defendants are joint and several suretys, and the remaining Defendants are jointly and severally liable to pay to the plaintiff the loan amount of KRW 25,00,000,00 and damages for delay from March 11, 2013 to January 14, 2015; the defendant Eul and D were served until January 15, 2015; the defendant Eul and the defendant Eul were appointed until September 23, 2015; the defendant Eul were appointed until September 20, 2015; the five percent per annum from the day after each civil law was established until March 19, 2015; and the damages for delay from September 20, 2015 to September 30, 2015, respectively, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

The joint and several surety of this case, other than Defendant B, is converted into a joint and several surety for the creditor, the amount of loan was not designated, and then the plaintiff was converted into a duplicate.

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