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서울중앙지방법원 2016.07.20 2015가합579010

대여금

Text

1. The Defendants shall jointly and severally serve as KRW 1,100,000,000 on the Plaintiff and as a result, from January 1, 201 to November 12, 2015.

Reasons

1. On November 10, 2008, Defendant B Co., Ltd. (hereinafter “Defendant Company”) borrowed KRW 1,100,000,000 from the Plaintiff from the Plaintiff and repaid the interest until December 31, 2010, the amount of interest shall be set up and deliver to the Plaintiff a certificate of borrowed money (hereinafter “certificate of borrowed money”) with the content of 12% per annum from the due date after the due date for repayment. Defendant C and D jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff by means of a joint and several payment of the borrowed money may be recognized in full view of each of the entries in the evidence No. 1 (including each number; hereinafter the same shall apply) and the entire purport of the pleadings.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 1,100,000,000 won and damages for delay at the rate of 12% per annum from January 1, 2011 to November 12, 2015, the delivery date of the original copy of the instant payment order, and 15% per annum from the next day to the date of full payment.

2. The defendants' assertion and judgment

A. The Defendants asserted that, although the Defendant Company did not borrow the above money from the Plaintiff, the Defendant Company drafted the instant loan loan certificate by coercion E, the Plaintiff’s son, and that the preparation of the said loan certificate is null and void as a false indication or as a declaration of intention by coercion.

B. Based on the judgment, the Defendants formally prepared the instant loan loan certificate.

there is no evidence to prove that the above certificate of borrowed money was prepared by E's coercion.

Rather, comprehensively taking account of the evidence Nos. 2 through 23, the respective descriptions and shapes of evidence Nos. 2 and 2, the witness E’s testimony, and the overall purport of the pleadings, the fact that the amount verified by the Plaintiff, the Plaintiff’s wife F, and E paid to the Defendants and G from March 21, 1996 to December 10, 207 by the borrowing certificate, etc., paid by the Defendants and G, etc., exceeds KRW 1,395,100,000, the Defendant Company.