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(영문) 전주지방법원 2017.11.22 2016가합2382
대여금
Text

1. Defendants B and D are jointly and severally liable to the Plaintiff for KRW 200,000,000 and Defendant B from January 1, 2015 to July 22, 2016.

Reasons

1. Basic facts

A. On November 30, 2012, the Plaintiff prepared a loan certificate with the content that the Plaintiff, the Plaintiff, the debtor, the limited liability company, the joint guarantor, the Defendant B, the loan amount of KRW 210 million, the repayment period of the loan amount of KRW 210 million, and the repayment period of the loan amount of December 31, 2014 (hereinafter “the loan certificate of this case”).

B. Defendant D’s signature is affixed to the instant loan certificate.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to Defendant B and D

A. From January 1, 2015, the day following the date when the Plaintiff was jointly and severally liable to the Plaintiff pursuant to the loan certificate of this case, Defendant B and D served the Plaintiff with the copy of the instant complaint on July 22, 2016, and Defendant D on July 6, 2017, respectively.

With respect to the claim that there is an obligation to pay damages for delay calculated at each rate of 5% per annum and 15% per annum from the next day to the day of full payment, the above Defendants shall be deemed to have led to confession or confession (Article 150(3) and (1)).

Therefore, each of the plaintiff's claims against defendant B and D is with merit.

3. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion is the actual owner and operator of the E-LLC, the obligor of the instant loan certificate, and the spouse of Defendant B, and the Plaintiff lent the money on the instant loan certificate with Defendant C as a joint borrower, and the deposit was also made to Defendant C’s account.

Therefore, Defendant C is jointly and severally liable with Defendant B and D to pay the unpaid loan amount of KRW 200 million and damages for delay.

B. The loan certificate of this case is written as the borrower only by E Corporation, and the defendant C is not written, the defendant C and the defendant B are married, and the couple uses the spouse's account in the name of the spouse, and it is true that the loan certificate of this case was deposited into the account in the name of the defendant C. The fact that the loan of this case was deposited into the account in the name of the defendant C.

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