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Reasons
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(영문) 서울동부지방법원 2016.08.31 2015가단117760
대여금
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1. Defendant B’s KRW 30,000,000 as well as 24% per annum from June 1, 2013 to November 30, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 3, 2013, the Plaintiff: (a) decided to lend KRW 30,000,000 to Defendant B for a interest rate of KRW 2% per month; and (b) on November 30, 2013, the due date for payment was determined and lent to Defendant B; (c) KRW 20,000,000 per day to Defendant B; and (d) KRW 10,000,000 on May 8, 2013, respectively.

B. At the time of the above loan, the Plaintiff and Defendant B prepared a loan certificate, and the loan certificate contains two medical chairpersons of the Defendant Incorporated Foundation C (hereinafter “Defendant Incorporated Foundation”) as joint and several sureties, and as a document attached thereto, the Defendant Incorporated Foundation delegated Defendant B to Defendant B all matters related to the banking business and card business (Formed on January 31, 2013).

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Gap evidence 5 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. (1) According to the judgment on the cause of the claim (1) as above, Defendant B is obligated to pay the Plaintiff a loan of KRW 30,000,000 and damages for delay.

(2) (A) The Plaintiff at the part of the Defendant Foundation (A) asserts that the Defendant Foundation has a joint and several obligation to pay the above amount jointly and severally with Defendant B, and that the Defendant Foundation did not delegate the above joint and several liability as to the above joint and several liability.

In light of the above facts, although the defendant foundation has made and given the power of attorney to defendant B, the contents of the delegation are "all matters related to the banking business and card business," it cannot be said that the joint and several guarantee with respect to the borrowing of money from the plaintiff is included in the scope of the above delegation. Thus, the defendant foundation cannot be deemed to legally stand joint and several guarantee. Thus, the plaintiff's above assertion is without merit, and the defendant foundation's above assertion is justified.

(B) The Plaintiff is responsible for the expressive representation by the Defendant Foundation.

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