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(영문) 수원지방법원 2017.12.07 2016가단803865
차용금 청구
Text

1. The Defendant’s KRW 198,00,000 for the Plaintiff and 6% per annum from April 15, 2016 to January 10, 2017.

Reasons

1. Determination as to the cause of claim

A. On December 2010, the Plaintiff received a certificate of borrowing KRW 200,000,000 from C on February 15, 2016, with respect to the return of KRW 200,000,000 invested by the Plaintiff under a D joint investment contract entered into with C and the Defendant, and at the time, Defendant B guaranteed the Plaintiff’s obligation to return KRW 200,000,000 to the Plaintiff. (2) At the time, Defendant B guaranteed the Plaintiff’s joint and several obligation to return KRW 200,00,000 to the Plaintiff. (3) The principal and interest interest are KRW 2,00,000,000.

5. 25. 2,00,000 won has been paid, and the remaining principal and interest have not been paid thereafter.

3) Although C paid a certain amount of interest and principal set forth in the above loan certificate monthly, it did not pay it at least three times for eight months from April 15, 2016 to December 15, 2016, and thus, C lost the benefit of time due to the repayment of obligations of KRW 200,000,000. [No evidence No. 1, 2, and 3, evidence No. 4-1, and No. 4-2 of the grounds for recognition, and the purport of the entire pleadings, respectively.

B. According to the above facts of recognition, as a joint guarantor of C’s obligation to return KRW 200,000,000 to the Plaintiff, the Defendant is obligated to pay the Plaintiff the principal amount of KRW 198,000,000, excluding the principal amount of KRW 2,000,000, which the Plaintiff received as principal, and the interest thereon, from April 15, 2016 to January 10, 2017, the date following the date on which the Plaintiff received the final payment of the interest, the agreement specified at the time of the preparation of the above loan certificate, 6% per annum, and damages for delay by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of delivery of the copy of the complaint of this case, from the next day

2. Judgment on the defendant's assertion

A. The defendant asserts that the monetary payment agreement on the certificate of loan is null and void due to the lack of the fact of borrowing. The plaintiff merely entered into a joint investment agreement with C and did not lend money to C. Thus, the payment agreement on the money based on the certificate of loan drawn up on the premise that C borrowed money to the plaintiff is invalid.

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