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(영문) 서울동부지방법원 2017.03.29 2015가단125310
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 70,000,000 and Defendant C Co., Ltd. with respect thereto from October 1, 2015.

Reasons

1. Basic facts

A. Defendant B borrowed KRW 70,00,000 from the Plaintiff on January 15, 2015 for the purpose of procuring construction expenses for the construction expenses for the construction of an urban-type residential housing with the size of 2nd underground floor and 6th ground level above 3 lots outside Dobong-gu Seoul Metropolitan Government, which is performed by Defendant C Co., Ltd. (hereinafter “Defendant C”).

(hereinafter “instant loan”)

B. On the same day, on January 15, 2015, Defendant B drafted and delivered to the Plaintiff a loan certificate stating that “The upper amount was borrowed on January 15, 2015, and the return was decided February 28, 2015 in the course of carrying out a new urban residential house construction project” (hereinafter “the loan certificate of this case”) in the name of Defendant C.

C. On May 27, 2015, Defendant B drafted and delivered to the Plaintiff a letter of payment (hereinafter “instant letter of payment”) in the name of Defendant C, stating that “The amount of the loan was borrowed as a subcontract for the construction of an urban-type residential house and shall be paid up to June 15, 2015, by the amount borrowed as a result of the construction of a new urban-type residential house, and shall be paid up to June 15, 2015, with all civil and criminal responsibilities in the event of the nonperformance of each of the said letters of payment” (hereinafter “instant letter of payment”).

[Ground of Recognition: A without dispute; evidence 1 to 7; evidence 1 to 3-1; and evidence 4 (Defendant C has a legitimate authority to prepare the above documents on behalf of the defendant C, as seen thereafter, although the defendant C had a forged defense against evidence 1 and evidence 4-1 of No. 3; and as such, it is reasonable to view that the defendant C had a legitimate authority to prepare the documents on behalf of the defendant C. Thus, the above defense by the defendant C is not accepted.

(2) Each entry, the result of the examination of the principal of some parties against Defendant B, the purport of the entire pleadings

2. Determination:

A. Each party’s assertion (1) The Plaintiff’s summary of the Plaintiff’s assertion may request the Defendant C’s vice president to lend construction expenses from the Defendant B who was in charge of the business of raising funds and subcontracting related to the instant construction project.

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