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(영문) 서울고등법원 2017.11.17 2016나5544
대여금및보증채무금
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

Reasons

1. Basic facts

A. On July 11, 2013, Defendant C, as the mother of Defendant B, prepared the following matters in the name of the debtor, resident number, address, and contact column with the following contents (hereinafter “the loan certificate of this case”), and affixed his seal on the name of the debtor, resident number, address, and contact column, and delivered them to E via D.

Amount: The money borrowed by the joint obligor C, B, and D is nothing more than that of the two million Won Won (Won 28,000,000).

The principal shall be repaid to He by August 12, 2013.

In addition, without consultation with the creditor, the bankruptcy, rehabilitation and seizure will take the civil and criminal legal procedures, and no objection will be raised, and you will not inflict any damage on you.

I, for the next day, deliver this certificate of borrowing money.

On July 11, 2013, the name of the debtor: C (person) resident number, address, contact information: The name of the debtor omitted: B (person) resident number, address, contact information: The name of the debtor omitted: the resident number, address, contact information: omitted.

B. After delivering the above documents to the Plaintiff on the same day with D, E received KRW 30 million from the Plaintiff to its own account, and remitted KRW 10 million among them to Defendant B’s account through D.

C. From September 13, 2013 to April 2, 2014, the Defendants wired money to E for several occasions as interest, and wired KRW 10 million to repay principal on June 10, 2014.

E transferred KRW 10 million to the Plaintiff in the name of Defendant C and D on June 16, 2015.

[Ground of recognition] Facts without dispute, Gap's 3, 6, 7 evidence, Eul's 1 to 3 evidence (including any other number; hereinafter the same shall apply), Eul's testimony and the purport of the whole pleadings

2. The plaintiff asserted by the parties is jointly lent KRW 28 million to the defendants and D and received the certificate of loan of this case. Thus, the defendants are jointly and severally liable to the plaintiff.

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