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(영문) 전주지방법원 2015.09.03 2014나5398
대여금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Claims and judgments as to the cause of the claim

A. Upon C’s request, the Plaintiff loaned KRW 25,00,000 on April 18, 200 to E, with a total of KRW 25,000,000 on May 8, 200, and KRW 25,000,000 on May 8, 200. The Defendant guaranteed the above loan obligations against the Plaintiff.

(1) The Plaintiff, upon the request of the first C, lent the above money to the Defendant, and argued that D or E was present at the time of the lending, but the primary debtor was E and the Defendant changed the cause of the claim to the effect that it is a joint and several surety. Therefore, the Defendant is liable to pay the Plaintiff the amount of KRW 25,00,000 as a joint and several surety and the damages for delay.

B. According to the statement in Gap evidence No. 1, the fact that Eul remitted 15,00,000 won to the Suhyup account under the plaintiff's name on April 15, 2000, and 10,000,000 won on April 27, 200, and the fact that the amount of KRW 13,200,000 from the Suhyup account under the plaintiff's name on April 18, 200, was collected respectively, and the amount of KRW 11,00,000 from May 8, 200, was deposited in the Suhyup account under the plaintiff's name on May 23, 200.

(2) On the other hand, according to the statements in Eul evidence Nos. 1 through 6 (including the branch numbers), Eul continuously deposited the amount of KRW 100,000 through 7,000 on Sep. 18, 1995, KRW 5,00,000 on Oct. 8, 1997, KRW 20,000 on Oct. 29, 1997 with each interest rate of KRW 2% on Oct. 29, 197, and lent each of them to the national bank account in the name of C from Nov. 1, 1997 to Apr. 1, 200, KRW 10,00 to 7,000,000 or KRW 6,000 on Oct. 35, 200, and KRW 306,000 on Feb. 6, 206, 200 and KRW 306,07.36,007.

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