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(영문) 대전지방법원서산지원 2020.06.23 2019가단3402
계금
Text

1. Defendant B’s KRW 3,2410,00 and as to the Plaintiff, 5% per annum from August 17, 201 to January 28, 2020, respectively.

Reasons

1. In full view of the purport of the argument as to the Plaintiff’s claim against Defendant B, Defendant B is obligated to pay the Plaintiff a loan certificate with a total sum of 3,2410,000 won around May 16, 201 and 3,200,000 won and 3% interest thereon per annum to the Plaintiff by August 16, 2011, and to deliver the loan certificate to the Plaintiff, barring any other special circumstances. According to the above, Defendant B is obligated to pay the Plaintiff the loan amount of 3,2410,000 won and 5% per annum from August 17, 2011 to January 28, 2020, which is the delivery date of the copy of the complaint of this case from the date of delivery of the copy of the complaint of this case as agreed upon by the Plaintiff.

2. Determination as to the Plaintiff’s claim against Defendant C

A. The Plaintiff sought the return of the borrowed amount from Defendant C on the basis of the certificate No. 1 (hereinafter “the borrowed certificate of this case”). As to the rebuttals that the above Defendant did not prepare the above borrowed amount and that Defendant B did not have any delegation or consent, the Plaintiff asserts again the establishment of the apparent representation exceeding the authority by the indication of the granting of the power of representation.

B. First, as a joint guarantor of the loan certificate of this case, with regard to whether Defendant C directly prepared the loan certificate of this case, or the above Defendant gave consent or implied consent, the body of Defendant C, which is recorded as the obligor of the above loan certificate, appears to be identical to the body of Defendant B, and at the time, Defendant C’s age, and Defendant B asserted that Defendant C was drafted without permission or consent as the mother of Defendant C.

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