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(영문) 광주지방법원 2017.09.13 2017가단13026
대여금
Text

1. The Defendants jointly share the amount of KRW 60,000,000 to the Plaintiff and Defendant Incorporated Incorporated Co., Ltd.

Reasons

1. Facts of recognition;

A. On January 14, 2017, the Plaintiff lent KRW 50,000,000 to the Defendant Company by delivering one cashier’s checks of KRW 10,000,000 to Defendant C, the representative director of Defendant Incorporated Company B (hereinafter, Defendant Company).

B. On January 14, 2017, Defendant Company granted to the Plaintiff a loan certificate stating “50,000,000 won: the Defendant Company and the due date for repayment: interest-free on April 16, 2017; and the content: Interest-free: The Plaintiff issued to the Plaintiff a loan certificate stating “Fdom (satisf (satisf),” and Defendant C, the representative director of the Defendant Company, signed and sealed the said loan certificate’s surety, thereby guaranteeing the Defendant Company’s debt by signing and sealing it on the guarantor column.

C. The defendant company is against the plaintiff in order to prepare a bid bond for auction in the process of winning a bid for the auction.

(d) was borrowed as in paragraph (1).

On March 17, 2017, the Plaintiff loaned money by remitting KRW 10,000,000 to the Defendant Company’s account upon receipt of a request from Defendant C to lend KRW 10,000,000 in addition, due to the circumstances of the Defendants, who need to keep their account balance in the course of receiving a successful bid from one bank.

E. Defendant C’s assertion that “I will immediately repay the Plaintiff’s loan if I received only a loan after a successful bid.”

The obligation to borrow money was also guaranteed.

F. On May 24, 2017, the Plaintiff lent KRW 60 million to the Defendant Company the sum of each of the above loans, and expected to take legal measures as a result of the failure to repay the said loans despite the demand for repayment. The Plaintiff sent each content-certified mail to the Defendant C, stating that the Defendant Company would take legal measures, since the Defendant Company’s debt amounting to KRW 60,000,000,000 is a joint and several surety, it would be expected to take legal measures if the above loans are not repaid.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5, respectively.

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