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(영문) 서울동부지방법원 2017.11.23 2016가합3681
대여금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff holds eight copies of the loan (hereinafter “the loan certificate of this case”) that the borrower is Defendant B, D, or Defendant C, D, or E (hereinafter “B money Defendants”) with the same content as each of the “loan date, loan amount, repayment date, and monthly interest” in the attached Table.

The loan principal stated in the loan certificate of this case is 240 million won in total.

B. The creditor of the instant loan certificate was printed in F, G, H, I, and J (hereinafter “F, etc.”), and the Plaintiff’s name as “A” was written in the name of each of the above creditors.

(hereinafter referred to as “the instant provisional part”). [Grounds for recognition] The fact that there is no dispute, part of Gap evidence No. 1-1 through 8, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserted that, from March 8, 2016 to July 1, 2016, the Plaintiff loaned a total of KRW 240 million to Defendant B, as indicated in the attached Form, with the maturity of payment and interest as stated therein. At that time, the remainder of the Defendants jointly and severally guaranteed the Plaintiff’s obligation to repay the above loan, and the Defendants jointly and severally pay the money stated in the purport of the claim to the Plaintiff.

As to this, the Defendants borrowed KRW 170 million from March 8, 2016 to July 1, 2016 from F, etc., and the remaining Defendants jointly and severally guaranteed the above loan obligation to F, etc., and in this regard, the Defendant’s obligee against the Defendants did not claim that F, etc. was the Plaintiff, but the Plaintiff.

B. The plaintiff's assertion itself is based on its own assertion, and the part of the provisional case was arbitrarily prepared to bring the lawsuit of this case after the defendants prepared the certificate of loan of this case. Accordingly, the plaintiff's assertion is based on the letter of loan of this case even if the plaintiff's name is stated in the provisional part of this case.

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