logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.12.30 2014가단26310
대여금
Text

1. As to KRW 69,051,911 and KRW 60,500 among them, the Defendant shall pay to the Plaintiff the year from December 17, 2013 to September 26, 2014.

Reasons

1. Basic facts

A. The Plaintiff: (a) on May 25, 2012, and (b) on May 25, 2012, and (c) on the same year

8. 7.2 million won, October 16, 16. 4 million won, February 20, 2013; and the same year;

4. On November 2, 11, 200, 300,000 won for the same month, and on the 24th of the same month, a total of 86.5 million won per annum was determined and lent at 10% per annum.

B. The Plaintiff’s repayment from C with respect to the above loans is KRW 6 million on August 13, 2012, KRW 1 million on August 21, 2012, and the same year.

9.3. Four million won, and the same month;

9.4. A total of 2.6 million won was paid.

C. On July 30, 2013, C issued and delivered a loan certificate to the Plaintiff stating that “C borrowed a total of 57.5 million won from the Plaintiff as of July 17, 2013, and confirmed that it will make repayment by July 30, 2013, including interest at the rate of 10% per annum.”

On February 10, 2014, the Defendant and C met the Plaintiff at the coffee shop located in D department stores, and C confirmed that the lower court added “10% interest per annum from the first borrowing date to the date on which full repayment is made” to “10% interest per annum from the first borrowing date to the date on which full repayment is made” at the bottom of the above lending certificate, and marked a seal on C verification column, and the Defendant marked on the joint and several sureties column.

The loan certificate of this case is 'the loan certificate of this case'

(i) [In the absence of a dispute over the grounds for recognition, the entries in Gap evidence 1-1, and evidence 2-2, and the purport of the whole pleadings.

2. The assertion and judgment

A. 1) As long as the formation of a disposal document is recognized to be authentic, the court shall recognize the existence and content of the expression of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable reflective evidence that denies the contents of the written statement (see, e.g., Supreme Court Decision 2000Da48265, Feb. 26, 2002). According to the above findings of recognition, the loan certificate in this case shall be repaid by C, and the defendant shall be deemed as a disposal document that provides a joint and several surety for the above loan amount, and the defendant shall be deemed as a disposal document that provides a joint and several surety, barring special circumstances.

arrow