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(영문) 대전지방법원 2020.02.05 2019가단117122
대여금
Text

1. Defendant B shall pay to the Plaintiff 10,000,000 won with 12% per annum from January 21, 2020 to the day of full payment.

Reasons

1. Claim against the defendant B (claim for a loan);

A. 1) The Plaintiff loaned D KRW 10 million to the Plaintiff, and D, on September 18, 2018, prepared and delivered to the Plaintiff a certificate of borrowing that the said money will be repaid until May 27, 2019.

B) Defendant B signed the above loan certificate as a joint and several surety (the above loan certificate No. 1; hereinafter the above loan certificate of this case is referred to as “the loan certificate of this case”); and Defendant B’s debt due to the above loan certificate is referred to as “the debt of this case”).

(C) D has not paid the above loan up to now.

2) According to the above facts of determination, Defendant B, as a joint and several surety, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from January 16, 2020, after the Plaintiff’s written application for modification of the purport of the claim and the cause of the claim was served on the Defendant, from January 21, 2020, to the day of full payment. (B) The Defendant’s assertion D, on October 26, 2018, drafted a notarial deed as to KRW 20 million including the loan debt of this case, to the Plaintiff on October 26, 2018.

After receiving the above notarial deed, the Plaintiff agreed to grant the Defendant B, a joint and several surety for the above notarial deed, as the period of exemption.

Since Defendant B withdraws from the position of joint and several sureties, it is not obligated to repay the above borrowed money.

2) According to the statement in Gap evidence No. 3, the fact that Eul prepared a notarial deed as to KRW 20 million on October 26, 2018 to the plaintiff may be acknowledged. However, it is insufficient to recognize such fact and witness D's testimony alone as sufficient to recognize that the plaintiff agreed to exempt defendant B from the loan debt in this case or to withdraw from the position of joint and several sureties, and there is no other evidence to acknowledge this otherwise. The defendant's assertion on the exemption of liability is rejected.

(a)no dispute exists;

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