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(영문) 수원지방법원성남지원 2020.09.15 2019가단206246
대여금반환 청구
Text

Defendant B shall pay 38,00,000 won to the Plaintiff and 12% per annum from June 19, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 26, 2018, the Plaintiff prepared a loan certificate with the content that Defendant B and the Plaintiff borrowed KRW 12.3 million from the Plaintiff, KRW 12.3 million on May 12, 2018, KRW 12.3 million on July 26, 2018, KRW 2.3 million on September 26, 2018, KRW 12.3 million on September 26, 2018, and KRW 1,2.3 million on October 26, 2018 (Evidence 1-1, 2-1, 2-1, 3-1, 4-1, and 5-1, and hereinafter referred to as “each of the instant loan certificates”).

B. At the time of the preparation of each of the loan certificates in this case, Defendant B entered the name of Defendant C, his father, in the joint guarantor or debtor column, and affixed Defendant C’s seal imprint on the name following that name.

C. Defendant B paid the Plaintiff the principal of KRW 21,200,000,000 to the Plaintiff, and the money that the Plaintiff had not been paid from Defendant B thereafter is KRW 38,00,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, 9, 10 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to Defendant B

A. 38,000,000 won which the Plaintiff had not been reimbursed from Defendant B among the loan claims stated in each of the loan certificates in this case as to the indication of the claim

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

3. Determination as to Defendant C

A. The Plaintiff’s assertion 1) Defendant C conferred the right of representation on the preparation of the joint and several sureties or the obligor’s portion on each of the instant loan certificates, and Defendant B, as the representative of the Defendant C, jointly and severally guaranteed the obligation of Defendant B to the Plaintiff by indicating the Defendant C as the principal himself. Accordingly, Defendant C is jointly and severally liable with the Defendant to perform the obligation of borrowing money. 2) Even if Defendant C granted the right of representation on cosmetics business by obtaining a certificate of personal seal impression for the supply contract, etc. of cosmetics, the Plaintiff is a joint and several surety of each of the instant loan certificates beyond the scope of the authority of Defendant B.

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