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(영문) 수원지방법원 2019.05.16 2018나64719
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 25,846,808 and KRW 9,99,794 among them.

Reasons

1. Basic facts

A. In the judgment of the first instance trial, the Plaintiff’s claim for the loan to the above C based on the instant loan certificate was accepted, and thus the dismissal judgment became final and conclusive at that time. On January 30, 1998, the part of the judgment was made final and conclusive at that time. On January 30, 1998, the Plaintiff prepared a loan certificate with the content of “the loan certificate, the daily loan certificate, the daily loan amount of KRW 20,000,000, and the second loan interest rate of KRW A” (hereinafter “the loan certificate of this case”) and delivered to the Plaintiff

On the bottom of this loan certificate, C's name, entry and seal of resident registration number, and the name, resident registration number and seal of C's husband are entered and sealed in sequence.

B. On the other hand, from each passbook in the name of the defendant, C, and D as the repayment amount based on the instant loan certificate, a sum of KRW 10,862,00 was transferred to the passbook in the name of the plaintiff as shown in the separate sheet.

(hereinafter “each transfer of this case”). (c)

On January 30, 2008, the Plaintiff filed the instant lawsuit on the ground of the instant loan certificate, following the provisional attachment of apartment Nos. f on three parcels outside the Nam-gu Incheon Metropolitan City E, Nam-gu, Incheon, and demanding repayment.

[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 through 4 [Evidence A No. 1 (Evidence A) shall be recognized as the authenticity of the complaint as followed], and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion is jointly and severally liable to the Plaintiff with C according to the loan certificate of this case. As such, the Defendant is obligated to pay the Plaintiff the interest or delay damages calculated by the ratio of 2% per month to the sum of the principal and remaining interest of the loan and the principal of the loan of KRW 51,680,465, and the principal of the loan of KRW 20,000.

B. The Defendant’s assertion 1) The Defendant’s signature and seal on the instant loan certificate is limited to C without the Defendant’s permission, and the Defendant does not bear the obligation pursuant to the above loan certificate. 2) Even if the Defendant bears the obligation, the Defendant guarantees the Defendant’s loan obligation against the Plaintiff by G/D couple.

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