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(영문) 서울동부지방법원 2017.06.22 2016가합109763
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 300,000,000 on the Plaintiff and as a result, from January 11, 2015 to February 2, 2017.

Reasons

Basic Facts

On July 2014, the Plaintiff asked Defendant B to lend money to be deposited as a collateral necessary for opening a credit account, and received the introduction of Defendant A and C from the said Defendant as a joint and several surety for his/her loan obligations.

On July 11, 2014, the Plaintiff, along with Defendant B, A, and C, drafted a joint and several sureties (Evidence A; hereinafter “instant agreement”) under the name of the Plaintiff and the Defendants. The instant agreement was accompanied by the Defendants’ personal seal impression issued by the Defendants.

At this time, Defendant D did not sit in company, and his certificate of personal seal impression was delivered to the Plaintiff through other Defendants.

The contents of the instant agreement are as follows.

“The date of repayment to Defendant A on July 11, 2014 was one year after the date of opening the L/C account at the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), the interest shall be paid in installments over six times a year, and the amount of KRW 30 million shall be determined to be paid in five million each two months from the end of the month following the date of opening the L/C account, and Defendant B, C, and D shall jointly and severally guarantee the above loan obligation.” The Defendant A was unable to pay the L/C amount to the National Bank while opening and trading the L/C account at the National Bank on July 18, 2014. Accordingly, on August 10, 2015, the Plaintiff paid KRW 320,865,157 on behalf of Defendant A’s National Bank of Korea as collateral provided by it.

The Plaintiff was paid KRW 15,00,000 as interest for six months by the Defendants.

[Ground of recognition] Defendant A: Defendant B and C under Article 208(3)2 (self-consceptation) of the Civil Procedure Act: Defendant D under Article 208(3)3 (Decision by Service by Public Notice) of the Civil Procedure Act: The Defendants’ sealed the evidence No. 1, thereby resulting in the entire document.

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