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(영문) 전주지방법원군산지원 2020.04.14 2018가단55072
대여금청구 등
Text

1. Defendant B and C jointly share the Plaintiff with KRW 180,000,000,000 and their amount from August 7, 2018 to May 2019.

Reasons

1. The Plaintiff’s loan of KRW 180 million to Defendant B from September 2016 to November 201 of the same year does not have any dispute between the parties (Defendant B appeared on the third date for pleading and stated to the effect as above). Defendant B is obligated to pay to the Plaintiff the amount of KRW 180 million borrowed from the third date for pleading and delay damages at the rate of 15% per annum from August 7, 2019 to May 31, 2019, following the date on which the copy of the complaint of this case was finally served on the Defendants as requested by the Plaintiff, at the request of the Plaintiff, from August 7, 2019 to May 31, 2019 (amended by Presidential Decree No. 29768 of May 21, 2019).

2. Claim against Defendant C (the trade name before and after the change is “C,” and the two or more changes are referred to as “C”).

A. The Plaintiff’s assertion 1) On September 29, 2017, Defendant C concurrently assumed the Defendant B’s obligation to pay the loan amount of KRW 360 million to the Plaintiff, and the said money plus the loan amount of KRW 170 million that the Defendant C owes to the Plaintiff. The Plaintiff’s assertion that the loan principal is KRW 530 million with the loan amount of KRW 40 million and the delay damages are paid to the Plaintiff by October 31, 2017 (hereinafter “instant payment note”).

was drawn up.

Defendant B, who prepared the above payment note, had a legitimate authority to execute the work of Defendant C at the time, and even if there was no legitimate authority, Defendant C uses the name tag indicating himself as the representative of Defendant C, and actually exercises the right to execute the work of Defendant C.

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