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(영문) 창원지방법원 2015.12.16 2015나33865
청구이의
Text

1. Revocation of the first instance judgment.

2. A deed of February 10, 2009, drawn up on February 10, 2009, issued by the defendant against the plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either of the parties to a dispute or of Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2, and 3 (including additional numbers):

On February 10, 2009, the Defendant and D agreed to lend KRW 30 million, including KRW 10 million and KRW 20 million, to E, a total of KRW 36 million from March 10, 2009 to December 12 of the same year in installments between E and E, while the Defendant and D agreed to pay damages for delay calculated at the rate of KRW 30% per annum from the day following the day on which the payment due is to be made if the payment due would take place.

(hereinafter referred to as “instant loan agreement”) signed between Defendant D and E. B.

Accordingly, on February 10, 2009, the defendant prepared and delivered a notarial deed (No. 130, No. 130, No. 2009, No. 2009, No. 130, No. 2009, No. 2009, No. 2000, No. 2000, No. 2000, No. 20000, No. 2000, No. 2000, No. 2000, No. 2000, No. 2000, No. 2000, No.

C. On February 10, 2009, the Defendant deposited KRW 20 million out of the above loans into the Plaintiff’s account in the name of the Plaintiff. On February 16, 2009, the Plaintiff transferred KRW 19850,000 to F, an entertainment business entity F, who was engaged in sexual traffic before E, with the pretext of repaying F’s prepaid payment obligations.

2. The plaintiff's assertion

A. In lending money to E by D and the Defendant, the Plaintiff becomes a joint and several surety in form because the Plaintiff becomes a joint and several surety, and thus it is easy for the Plaintiff to collect the loan.

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