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(영문) 대구지방법원 포항지원 2018.09.04 2018가단1115
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 70,000,000, and Defendant B Co., Ltd. with respect thereto from February 22, 2018.

Reasons

1. On December 12, 2016, the Plaintiff lent KRW 80,000,00 to D. As to this, D drafted a loan certificate with a “80,000,000 won”, “20,000” as of the borrowing date, “No. 9, 2016,” and “B” as a joint and several surety E (hereinafter “the first loan certificate”).

On November 15, 2017, the Plaintiff received 10,000,000 won from D. D with respect to this, D, “70,000,000 won,” “the date of the loan” (this seems to be a clerical error in this context) and “the date of November 9, 2016,” “the date of the loan” (this is referred to as “the date of November 9, 2017,” and “the second loan certificate” hereinafter) of the loan certificate (the certificate No. 2; hereinafter referred to as “the second loan certificate”) that is a company newly incorporated by D and newly incorporated by D. On November 29, 2017, D again prepared to the Plaintiff as “70,000,000 won,” “the date of the loan,” “the repayment date,” “the loan certificate,” “the third loan certificate,” and “the third loan certificate,” respectively, “the loan certificate,” written as “the loan certificate,” respectively.

However, the Plaintiff requested D to correct the date of repayment on the third loan loan certificate as it is clear that the “the date of repayment on January 31, 2017” is a clerical error. D changed the date of repayment to “ January 31, 2018,” and Defendant C, a joint guarantor, etc. prepared a new loan certificate (No. 2; hereinafter “the fourth loan certificate”).

On the other hand, the plaintiff has all the originals of the first or fourth loan certificate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, entry of Eul evidence 1 and 2, purport of whole pleadings

2. Determination

A. According to the above facts of recognition, Defendant B Co., Ltd. shall enter the second loan certificates in accordance with the entry of the second loan certificates, Defendant C Co., Ltd. shall jointly and severally serve as the Plaintiff the amount of KRW 70,000,000, and as sought by the Plaintiff, Defendant B Co., Ltd. from February 22, 2018, the day following the day on which the written complaint is served, and Defendant C shall do so.

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