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(영문) 춘천지방법원 2017.09.06 2016가단56048
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 55,00,000 and each year from August 27, 2014 to January 20, 2017.

Reasons

1. Basic facts

A. On August 11, 2014, the Plaintiff remitted KRW 10,000,000 to Defendant B, and KRW 50,000,00 on August 27, 2014, respectively.

(hereinafter referred to as the “instant money”) B.

Defendant B transferred KRW 5,00,000 to the Plaintiff on August 26, 2014.

C. Defendant B prepared “a certificate” (Evidence 2) stating that “the Plaintiff will borrow full million won on August 11, 2014 and repay it by January 2015.”

On September 28, 2016, Defendant C promised to pay 10% interest from the Plaintiff to the Plaintiff on the same amount as KRW 60,00,000,000, and borrowed the same amount without the molded on August 27, 2014. The sum of the interest and the principal was paid to the Plaintiff by January 30, 2015. The Defendant B (No signature and seal of Defendant B) written by the obligor, Defendant B (no signature and seal of the obligee), and the obligee’s joint and several sureties at the bottom indicated as the Plaintiff’s joint and several sureties column, with the signature and seal affixed to the Plaintiff.

E. Defendant C borrowed KRW 10 million from the Plaintiff in two copies on August 11, 2014. There is also a fact that Defendant C borrowed KRW 50 million from the Plaintiff on August 27, 2015 and borrowed KRW 10,000 from the Plaintiff to offer interest. The reasons for Defendant C’s joint and several liability to the Plaintiff are as follows: (a) the fact that Defendant C guaranteed the Defendant C’s payment of the amount that the Defendant C would have paid; (b) the reason for Defendant C’s joint and several liability was written out (Evidence No. 8).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, 8, Eul evidence 4, and the purport of the whole pleadings

2. Determination as to the plaintiff's claim against the defendant B

A. The gist of the parties’ assertion (1) The Plaintiff’s primary claim: The Plaintiff loaned KRW 10,00,000 on August 11, 2014 to Defendant B under the joint and several guarantee of Defendant C; KRW 50,000,000 on August 27, 2014; and KRW 10,000 on each interest basis; and KRW 10,000 on maturity of payment in January 2015. As Defendant C and the Plaintiff jointly and severally agreed with Defendant C, the remainder of the loan principal calculated by subtracting KRW 5,00,000 from the loan amount of KRW 60,000,00,000 to the Plaintiff.

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