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(영문) 대전지방법원 2015.01.15 2014나6488
대여금
Text

1. Of the judgment of the first instance court, the part against the Defendant C in excess of the amount ordered to be paid below shall be revoked.

Reasons

1. The fact of recognition is that Defendant B borrowed KRW 5.4 million from the Plaintiff on July 6, 201, and KRW 10 million on September 26, 201 and delivered to the Plaintiff, Defendant B agreed to pay the amount indicated in each of the above loan certificates to the Plaintiff by August 25, 2012, and Defendant C signed each of the above loan certificates as the guarantor of the above loan certificates can be recognized in full view of the purport of the entire pleadings in the statement in Articles 1 and 2, and 1 and 2.

2. Determination as to the cause of action

A. In determining the claim against Defendant B, Defendant B is deemed to have duly formed each of the above loan certificates, and there is no clear and acceptable evidence to deny the contents of the loan certificates (see, e.g., Supreme Court Decision 2011Da105867, Apr. 26, 2012). According to the above fact-finding, Defendant B is liable to pay the Plaintiff the above loan amounting to KRW 15.4 million and damages for delay, barring special circumstances.

B. The Plaintiff’s assertion 1) The Plaintiff asserted that, since Defendant C guaranteed the above loan obligation against the Plaintiff, Defendant C was jointly and severally liable to pay the Plaintiff KRW 15.4 million to the Plaintiff. (2) In the instant case where Defendant C signed each of the above loan certificates with the intent to guarantee the amount of KRW 2 million by each of the above loan certificates, Defendant C signed each of the above loan certificates as the guarantor. In full view of the purport of the entire pleadings as to the above amount exceeding KRW 2,00,000,00,000,000,000 won, Defendant C signed each of the above loan certificates, it was examined whether Defendant C had guaranteed the above loan, and the entire purport of the pleading as to the above amount exceeding KRW 1,2,3,000,000,000,000,000 won, at the time when Defendant C signed as a guarantor, there was no entry in the column of each of the above loan certificates, and thereafter, Defendant C signed each of the above loan certificates to the Plaintiff as the Plaintiff.

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