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(영문) 울산지방법원 2017.09.06 2016가합2150
대여금
Text

1. As regards Defendant B’s KRW 290,000,000 among the Plaintiff and its KRW 90,000,000, Defendant B, from June 14, 201, and the remainder of KRW 200,000.

Reasons

1. Basic facts

A. On March 12, 2010, Defendant B borrowed KRW 90,000 (hereinafter “the instant loan”) from the Plaintiff on the basis of the terms “interest: 3% per month”, “payment period: Within six months from the date of borrowing,” and “interest payment date: the 12th day of each month”.

B. The loan certificate prepared by Defendant B at the time of borrowing the loan of this case from the Plaintiff (hereinafter “the loan certificate of this case”) includes the name of Defendant D and C as “securityer and joint and several obligors.” The name of Defendant D and the seal of Defendant C are affixed to the name of Defendant D, and the seal of Defendant C are affixed to the name of Defendant C, respectively.

On the other hand, Defendant D is an infant of Defendant B, and Defendant C is an infant of Defendant B.

C. On June 13, 2011, Defendant B borrowed KRW 200,000,000 from the Plaintiff on June 13, 2012.

(hereinafter referred to as “the instant additional loan”). At the time of borrowing the instant additional loan, Defendant B drafted a certificate of loan (Evidence A No. 4-1) stating the amount of the loan to the Plaintiff as “900,000,000 won.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts finding as to the claim against Defendant B, Defendant B, as to KRW 290,00,000, which is the total principal of the instant loan and the instant additional loan (= KRW 90,000,000,000) and the principal of the instant loan after the maturity of the instant loan, as to KRW 90,00,000,000, which is the principal of the instant loan, from June 14, 201, as sought by the Plaintiff, and from June 14, 2011, as to KRW 200,000,000,000, which is the following day after the maturity of the instant additional loan, as to the existence and scope of each of the instant obligations owed by Defendant B from June 14, 2012 to September 6, 2017, each of the following special cases concerning the promotion of legal proceedings are set forth by the Civil Act.

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