(영문) 대구지방법원 2019.01.10 2018나2101 | 리걸엔진

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(영문) 대구지방법원 2019.01.10 2018나2101

대여금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the purport of Gap's evidence No. 1 (hereinafter "the loan certificate of this case") and all pleadings as to the cause of the claim, the plaintiff lent the loan of 30 million won to the defendant on May 19, 2009 at the rate of 3% per month agreed and the due date of repayment on January 19, 2010 (hereinafter "the loan of this case").

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff interest or delay damages calculated by the rate of 25% per annum for the plaintiff from May 20, 2009 to October 20, 2017, which is obvious from May 20, 2009 to May 19, 2009, the loan of this case 30 million won and the service date of the copy of the complaint of this case.

2. Judgment on the defendant's assertion

A. The defendant asserts that he only prepared the loan certificate of this case in the form, although he did not borrow the loan of this case from the plaintiff.

In this case, the plaintiff lent the loan of this case to the defendant as seen earlier, and there is no counter-proof that the above facts are followed. Thus, the defendant's above assertion is without merit.

B. The defendant asserts that the debtor of the loan of this case is not himself but C and D, and that as C and D are unable to repay the money borrowed from the bond company, the bond company suffered from the bonds company's debt collection and failed to pay C and D, and that the defendant, who is the husband of C and D, engaged in the whole company such as E and E, and was well aware of them, prepared the loan certificate of this case as a guarantee in preparation for the case where C and D are unable to repay the money. Since C and D are the principal debtor of the loan of this case, they fully repaid the loan of this case, they also extinguished the defendant's debt corresponding to the guaranteed obligation due to the nature of the debt of this case.

The loan certificate of this case is the debtor, the defendant and the joint guarantor.

참조조문

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