(영문) 부산지방법원 2016.11.29 2016가단12621

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.11.29 2016가단12621

대여금

Text

1. The Defendants jointly share KRW 60,000,000 with respect to the Plaintiff and 5% per annum from March 1, 2016 to November 29, 2016.

Reasons

1. Facts of recognition;

A. On September 28, 2012, Defendant B Co., Ltd. (hereinafter “B”) entered into a monetary loan agreement of KRW 70,000,000 with the Plaintiff. Defendant C, the representative director of Defendant B, prepared a loan certificate stating the above content (hereinafter “the first loan certificate”) on the same day, and issued it to the Plaintiff as the representative director.

B. After that, on September 4, 2014, Defendant C prepared and delivered the following loan certificates (hereinafter “the second loan certificates”) to the Plaintiff.

I, however, have borrowed L, 2012,00 million won on the day of September 4, 2014, have been repaid 0 million won on the first day of September 4, 2014, and the remainder of 0 million won on the first day of October 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 5, the purport of the whole pleading

2. Determination:

A. The Plaintiff asserts that, inasmuch as Defendant B borrowed KRW 70,00,000 and did not repay only a part of the remainder, the Plaintiff is obligated to pay the remainder of the loan to the Plaintiff, and that Defendant C is jointly and severally liable with the Plaintiff as the representative director of Defendant B, and thus, Defendant C is jointly and severally liable to pay the remainder of the loan to the Plaintiff.

According to the facts of the above recognition, Defendant C, as the representative director of Defendant B, can be deemed to guarantee the principal obligation of Defendant B by entering the second-use certificate of this case, barring any special circumstance, Defendant B, as the principal debtor, and Defendant C, as the guarantor, is jointly liable to pay the remainder of the loan amount of KRW 60,000,000 and delay damages to the Plaintiff.

Furthermore, the Plaintiff asserts that 50,000 won exists with the remaining borrowed money, but it is difficult to recognize it in light of the description of the secondary evidence of this case. Thus, this part of the claim is not accepted.

B. Determination of the Defendants’ assertion

유사 판례

-대구고등법원 2016.05.03 2015나23339

-서울중앙지방법원 2017.01.13 2016가단5094873

-수원지방법원 2016.10.27 2015나44349

-부산지방법원 2015.11.18 2015가단226010

-춘천지방법원 2017.09.06 2016가단56048