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(영문) 서울남부지방법원 2017.11.09 2016가합2957
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and the period from July 13, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Defendants requested Nonparty F to raise funds, as the construction cost was insufficient while entering into a contract for the construction of a new charnel house for E company located in Bupyeong-gu Incheon Metropolitan City.

B. Upon receiving F’s request for a loan, the Plaintiff transferred KRW 200 million in total to F’s deposit account in the name of F on May 20, 2015, including KRW 150 million, and KRW 50 million on June 18, 2015.

C. F transferred the sum of KRW 10 million on May 13, 2015, and KRW 100 million on May 20, 2015 to Defendant B’s deposit account.

On June 18, 2015, Defendant B prepared a loan certificate (Evidence No. 3) stating that “The Plaintiff and F shall verify that the Plaintiff borrowed KRW 260 million from F and will repay it until August 20, 2015.”

E. On July 13, 2015, Defendant B prepared a loan certificate (Evidence 5) stating that “The Plaintiff will confirm that it borrowed KRW 260 million from the Plaintiff as construction cost and redeem it until September 30, 2015.”

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, 5 (including branch numbers in case of additional number), Eul evidence Nos. 4 and 5, Eul's witness F's testimony, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Where a contracting party to a judgment on the cause of a claim prepares the contractual content in writing as a disposal document, if the objective meaning of the language and text used in the document is clear, barring any special circumstance, the existence of the expression of intent and its content should be recognized (see, e.g., Supreme Court Decision 2013Da19830, Sept. 27, 2013). Even if a person who actually engaged in money was another person, barring any special circumstance, insofar as the Defendant prepared a loan certificate in his/her name in relation to the Plaintiff, so long as the Defendant prepared the loan certificate in his/her name

(See Supreme Court Decision 91Da25468 delivered on October 22, 1991, etc.). Defendant B paid KRW 260 million to the Plaintiff with interest of KRW 200 million from F and the Plaintiff.

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