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(영문) 대구지방법원 2017.05.18 2016나14216
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 2013, the Plaintiff became aware of the co-defendant C (hereinafter “C”) of the first instance trial, the representative director of the Co-Defendant B Co-Defendant C (hereinafter “B”) at the Defendant’s introduction.

C requested the Plaintiff to lend KRW 40,000,000 to the business operation fund of B, and the Plaintiff specified KRW 40,000,000 on October 23, 2013 as the due date for repayment of ten percent per annum and the interest rate of April 30, 2014 (hereinafter “first loan”), and C, F, the first instance co-defendant D (hereinafter “D”) and the Defendant signed or sealed his seal on the column of joint and several sureties of the investment agreement (Evidence 2-1) written at the time.

B. On January 21, 2014, the Plaintiff additionally lent KRW 20,000,000 to B on March 31, 2014 due date and KRW 24% per annum (hereinafter “second lending”) (hereinafter “second lending”). The Plaintiff signed his/her signature or sealed his/her seal on the collateral guarantor column of the loan agreement (Evidence 2-2) prepared by C, F, D, and the Defendant at the time.

C. From October 25, 2013 to January 23, 2014, the Plaintiff remitted total of KRW 60,000,000 to B.

B On September 16, 2014, the Plaintiff drafted a written commitment to pay to the Plaintiff amounting to KRW 60,000,000 in total (i.e., loans KRW 40,000,000, KRW 20,000) of the loan No. 1 (i. 40,000,000) by November 30, 2014, and promised to pay interest by settling accounts within September 30, 2014.

E. B by June 2, 2015, not later than June 2, 2015, paid interest (or delay damages) on loans Nos. 1 and 2.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The defendant, which caused the plaintiff's claim, is a joint and several surety for the loans Nos. 1 and 2, and the defendant is liable to pay the plaintiff the total amount of the loans No. 1 and 2,000,000 and damages for delay.

3. Judgment on the plaintiff's claim

A. According to the above facts of recognition as to the claim for the first loan, the defendant.

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