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(영문) 서울고등법원 2015.10.27 2015나9273
대여금 등
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's lawsuit of this case is 194,701,532 won and this.

Reasons

1. Around January 2007, the Defendant, who was the real manager of G judgment on the part of the claim for the loan, requested the Plaintiff to lend KRW 100 million to the said company’s office lease deposit. On January 29, 2007, the Plaintiff lent KRW 100 million to G with the due date set on April 20, 2007, and then the Defendant borrowed G as the borrower, and the Defendant prepared a loan certificate (A A2) stating the Defendant as the joint guarantor, may be acknowledged by taking into account the absence of dispute between the parties, or the testimony and the entire arguments by the witness of the first instance trial.

According to the above facts, the defendant, as a joint and several surety of G, is obligated to pay the loan of KRW 100 million and damages for delay (hereinafter "the loan of this case") to the plaintiff on January 29, 2007, as the joint and several surety of G, unless there are any special circumstances.

2. Determination as to the claim for reimbursement

A. 1) On July 11, 2007, upon the Defendant’s request, the Plaintiff jointly and severally guaranteed the Defendant’s payment of KRW 400 million to the Defendant I, and, upon the Defendant’s request on July 11, 2007, the Plaintiff issued a promissory note as of July 11, 2007: “The Plaintiff, the issuer: the Defendant, the J (hereinafter “J”); the Plaintiff, and the date of payment: the due date: June 10, 2008; the due date was notarized after the issuance of the Promissory Notes as of March 10, 208; 2) thereafter, the Plaintiff, the issuer of the said Promissory Notes as of March 27, 2008, filed a lawsuit against the Plaintiff, the Defendant, and the J as of March 27, 2008, the Seoul Central District Court 208Ka109430, Apr. 30, 2008; and the conciliation was concluded by the Plaintiff and the J as of KRW 2008.

3) On July 2008, I applied for compulsory execution against the real estate listed in the separate sheet No. 2 attached to the judgment of the first instance court, which is owned by the Plaintiff, to Suwon District Court Branch K in accordance with the above mediation protocol. On June 4, 2009, I withdrawn the above application on the same day after receiving partial repayment from the Plaintiff. 4) After September 19, 201, I written the separate sheet No. 2 attached to the judgment of the first instance court, which is owned by the Plaintiff.

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