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(영문) 대전지방법원서산지원 2016.08.23 2016가단51158
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a child of D, Defendant B is a prison with D and a prison, and Defendant C is a father of Defendant B.

B. Defendant B asked to inquire about the place of borrowing money from D and asked the Plaintiff to borrow money through D, and prepared and offered a non-loan letter (hereinafter “this case’s loan certificate”).

The main contents of the loan certificate of this case are as follows.

The name of debtor with a maturity of thirty million won: B other than the above-mentioned amounts shall be one year and may be extended or shortened by mutual agreement between both parties.

The interest rate shall be applied to the bank interest rate, and the payment date of interest shall be determined on the 14th of each month.

In respect of all other matters, including the natural body of the borrower, all liabilities shall be borne by the borrower, and the borrower shall not raise any civil or criminal objection against any measure taken by the obligee to discharge its obligations.

In order to guarantee the obligations and obligations of the borrower, the following specifications are attached.

(j) [Reasons for Recognition] Unsatisfy, entry of Gap evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff received the instant loan certificate from the Defendants, and paid cash to D, and caused D to repay KRW 30 million to the Korea Saemaul Bank of Korea, the wife of Defendant B and Defendant B.

Therefore, the Defendants are jointly and severally liable to repay the borrowed money to the Plaintiff.

B. The summary of the Defendants’ assertion 1) The Defendants delivered the instant loan certificate to D and asked the Plaintiff to borrow money from the Plaintiff, but did not receive money from the Plaintiff. The Plaintiff did not pay money to the Defendants. 2) D merely paid money as a joint and several surety for Defendant B or E’s debt to the Korea Saemaul Bank.

3. The plaintiff on July 17, 2012.

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