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(영문) 서울중앙지방법원 2017.12.05 2017나34621
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. E lent KRW 50 million to B on October 16, 2003, and the Plaintiff lent KRW 100 million to B through E on October 17, 2003.

B. On October 17, 2003, B prepared and delivered to E and the Plaintiff a certificate of loan stating, “I, from the obligee, enter into an agreement on October 17, 2003, that I will pay the principal plus interest on the part of the principal in the month during which I borrowed KRW 100 million from the obligee as part of October 17, 2003 ( November 17, 2003).”

C. After that, B did not repay the above loan debt, the Plaintiff and E filed a complaint with the intent of fraud around May 2006.

On August 206, when the police investigation of the above accusation case was underway, the Plaintiff and B agreed on the following: “B shall determine the Plaintiff’s above loan claims amounting to KRW 80 million, and B shall pay the above amount until December 30, 2007, and the Defendant, the wife of B, guarantees KRW 70 million out of the above loan obligations against the Plaintiff.”

Pursuant to the above agreement, B issued, August 22, 2006, 1, the face value of KRW 70 million, the date of issuance August 22, 2006, the date of payment, December 30, 2007, the issuer B, and the guarantor (hereinafter “the Promissory Notes in this case”). The Promissory Notes in this case as the issuer of the Promissory Notes in this case and as the guarantor’s representative, were prepared and delivered to the Plaintiff a notarial deed on the Promissory Notes in this case (No. 408, 2006, hereinafter “the Promissory Notes in this case”) to the Plaintiff on the same day.

E. At the time of the preparation of the Promissory Notes and the Notarial Deed in this case, the Defendant submitted a letter of delegation in the name of the Defendant in the above Notarial Deed No. B and a certificate of personal seal impression issued by the Defendant himself on April 6, 2006.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .

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