(영문) 인천지방법원 2017.06.02 2016가합55109

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(영문) 인천지방법원 2017.06.02 2016가합55109

대여금

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1. The Defendant: (a) KRW 486,00,000 for the Plaintiff and 5% per annum from September 1, 2013 to June 2, 2017; and (b) June 3, 2017.

Reasons

1. Basic facts

A. On November 22, 2006, the Defendant prepared and delivered a loan certificate stating the following (hereinafter “the loan certificate in this case”) to the Plaintiff. The loan certificate contains the Defendant’s name as a joint guarantor and affixed C’s seal.

1. Daily payment: Lampering (700,000,000 won);

2. Date of repayment: August 31, 2007;

3. Interest: None;

4. Method of redemption of principal: It shall be possible to repay in installments before the maturity date under the agreement between the creditor and the debtor.

8. The joint and several suretiess shall guarantee this obligation and shall be responsible for the performance of their joint and several obligations with the obligor.

9.To keep the terms and conditions of the above contract in custody by an authorized agency of the person who has verified and co-written the contract.

10.A loan worth KRW 214,000,000,000 (214,000,000) includes the purchase price of the apartment in D.

B. On November 22, 2006, the Defendant issued a promissory note with the face value of KRW 700 million on August 31, 2007, the issue date, the place of issue, the place of payment, and the place of payment each of the Incheon Metropolitan City (hereinafter “instant promissory note”).

(B) On the same day, the Plaintiff and the Defendant, without C’s consent, entrusted the preparation of a promissory note No. 1049 on December 6, 2006 to an agent of the issuer, etc. and an agent of the issuer, etc., and accordingly, written a promissory note No. 1049 on the same day when the Defendant and C delay the payment of the promissory note to the bearer of the promissory note, the promissory note No. 1049 on the same day was written to the effect that there is no objection even if they were subject to compulsory execution.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. At the time when the Plaintiff’s assertion was made, the Plaintiff and the Defendant leased the Defendant, the amount of unpaid payments, and the Plaintiff’s assertion.

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