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(영문) 전주지방법원 2020.06.24 2019나251
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On June 16, 2011, the Defendants drafted to the Plaintiff a certificate of borrowing from the Plaintiff that the Plaintiff borrowed KRW 30,000,000 from the monthly interest rate of KRW 4% due on December 16, 2011 (as the obligor B and the Defendant C, a joint guarantor).

B. On September 8, 2011, Defendant C drafted a certificate of borrowing from the Plaintiff that borrowed KRW 8,000,000 from the Plaintiff.

C. On September 30, 201, Defendant C and F drafted to the Plaintiff a certificate of borrowing KRW 5,000,000 from the Plaintiff as of October 30, 2011 (as of October 30, 201, written as Defendant C and joint guarantor F).

On January 9, 2012, the Defendants drafted a loan certificate (hereinafter “the instant loan certificate”) with the content that the loan amount of KRW 68,400,000 from the Plaintiff was borrowed at the monthly interest rate and rate of 2% for delayed damage, and on March 18, 2012 (as Defendant B and Defendant C, a joint guarantor) (hereinafter “instant loan certificate”).

The following parts of the above loan certificate contains the statement "to apply for an extension of this amount".

In addition, the Plaintiff transferred KRW 12,810,00 from the Plaintiff’s wife D’s account to Defendant C’s E account on the date of drawing up the instant loan certificate.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 10, 11 (including additional numbers), Eul evidence No. 9, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Where a contractual party prepares in writing a certain content of a contract as a disposal document, if the objective meaning of the text is clear, barring special circumstances, the existence and content of the declaration of intent shall be recognized. In a case where the objective meaning of the text is different from that of the text, thereby seriously affecting the legal relations between the parties, the content of the text shall be more strict

(see, e.g., Supreme Court Decision 2012Da44471, Nov. 29, 2012). B.

The above facts of recognition and the statement of No. 9 shall be made.

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