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(영문) 서울남부지방법원 2018.06.07 2017가합102311
대여금
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. Under the following circumstances, the Plaintiff lent a total of KRW 300,000,00 to D, and the loan certificate was written by the husband of D, Defendant B, or Defendant C, etc. as a joint and several surety.

Unless stated on August 5, 2014, 1200, 40,000 Defendant B, 2, and 60,000, 200, and 60,000 E’s father who were not described on August 19, 2014.

The plaintiff sought the performance of the guaranteed obligation even to E, but withdrawn the lawsuit.

3. The fact that no entry is made on September 23, 2014 2.5% per annum 24% per annum 50,000,000,000 per annum 2.5% per annum 30,000,000 per annum 50,000 per annum 5, June 25, 2015 that no entry is made on May 30, 2015, and 2.5% per annum 24% per annum 50,00,000 per annum 30,000 per annum 5,000 per annum 1 through 5, and 10 per annum, the purport of the whole pleadings, and the purport of the whole pleadings

2. Claim against the defendant B

A. For the following reasons, Defendant B shall pay to the Plaintiff the amount of KRW 40,000,00 and damages for delay on the loans No. 1 set forth in the table of basic facts stated in the joint and several sureties.

1) Since 1998, Defendant B became a bad credit holder and used a mobile phone in the name of D, and the construction materials business were operated in the name of D. In light of these circumstances, Defendant B appears to have borrowed business funds from the Plaintiff and entered Defendant B as a joint and several surety with the consent of Defendant B. Defendant B bears the responsibility as a joint and several surety according to the granting of the power of representation. (ii) Even if Defendant B did not grant the right of representation on joint and several sureties, Defendant B is the wife of Defendant B, and in light of all the circumstances, the Plaintiff believed that D has the authority to conclude a joint and several sureties contract beyond the scope of the right of representation.

Defendant B shall be liable for the act of expression.

B. The facts that judgment 1D is the finding of the defendant B do not conflict between the parties, and the entries and arguments in Gap evidence 17 and Eul evidence 13 are written.

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