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(영문) 울산지방법원 2018.11.02 2017가단19660
대여금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 122,596,00 and the interest rate thereon from April 20, 2018 to the date of full payment.

Reasons

1. According to the evidence Gap's evidence Nos. 1 and 2 as to the cause of the claim, the defendants borrowed KRW 15 million from the plaintiff as a security deposit for the owner of plant construction. Since then, the defendants prepared a loan certificate stating that "the defendants will pay to the plaintiff 122,596,000 won, including the unpaid service costs and partial damages for delay under the service contract entered into between the borrowed money and the corporation D operated by the defendants, with the repayment date as of September 23, 2015."

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 122,596,000 won with 15% interest per annum from April 20, 2018 to the day of full payment, as the Plaintiff seeks.

2. As to Defendant B’s assertion, Defendant B did not lend money to the Plaintiff, or did not participate in the operation of Defendant D, and Defendant C did not affix the above loan certificate and affixed it on the loan certificate with the intent of Defendant C to pay the money invested to Defendant C.

However, the fact that Defendant B signed and sealed on the loan certificate No. 1 is recognized by the Defendant B itself, and even if it was for the purpose of receiving money as alleged by Defendant B, as long as Defendant B understood and signed and sealed the content of the above loan certificate, Defendant B bears the duty of the above loan certificate against the Plaintiff.

Therefore, Defendant B’s above assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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