(영문) 서울동부지방법원 2014.12.15 2013가단34489

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(영문) 서울동부지방법원 2014.12.15 2013가단34489

대여금

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1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 12,00,000,00 and the period from November 22, 2013 to the date of full payment.

Reasons

1. Basic facts

A. (1) Around October 2012, Defendant B acquired Defendant C Co., Ltd. (hereinafter “Defendant Company”) as a branch company of a tourist bus, and registered as the representative director and operated the Defendant Company by May 2013. The Plaintiff is a three-party tourist bus (E, F, G, and hereinafter “three-party bus”).

(2) In accordance with the above agreement, Defendant B and the Plaintiff-owned vehicle to be loaned from a financial institution as collateral on December 24, 2012 and agreed that Defendant B shall borrow KRW 139 million from a financial institution on the security of the Plaintiff-owned vehicle from a financial institution in the name of H on December 24, 2012. The Plaintiff borrowed KRW 100 million from a financial institution on the security of the Plaintiff-owned vehicle to repay the loan borrowed from a financial institution on the security of the Plaintiff-owned vehicle and paid KRW 14 million out of the remainder of KRW 39 million from the financial institution on the security of the Plaintiff-owned vehicle to the Plaintiff.

B. Defendant B prepared two copies of the loan certificate stating the following contents to the Plaintiff (hereinafter two copies of the loan certificate is divided into the due date for payment, and the loan certificate stating the date for payment as of January 30, 2013 as of February 28, 2013 as “the first loan certificate of this case,” “the second loan certificate of this case,” and “the second loan certificate of this case,” and “the two loan certificate of this case,” respectively), and each of the loan certificates of this case is written as Defendant B’s joint and several sureties.

① On January 30, 2013, the first certificate of the instant case (No. 1-1 of the evidence A) borrowed KRW 25 million as the due date for payment, and in the event of violation, it shall bear civil and criminal burdens.

(2) Defendant B borrowed KRW 25 million from the Plaintiff on December 26, 2012

The date of repayment shall be February 28, 2013, and the date of borrowing shall be February 2012.

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