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(영문) 전주지방법원 2014.12.23 2014나1006
대여금 등
Text

1. Of the judgment of the first instance court, the part against Defendant D is revoked, and the Plaintiff’s claim against Defendant D is dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is a person who was engaged in the seal business around 2002, and Defendant B is a person who operated the clothes of Defendant D’s trade name from May 15, 2002 to August 26, 2002 (However, the name is the name of Defendant D).

B. On June 4, 2002, the Defendants drafted a loan certificate stating that “Defendant B, on the same day, borrowed KRW 15,00,000 from the Plaintiff as interest rate of KRW 5% per annum, KRW 60% per annum, and KRW 60 per annum on July 4, 2002, and Defendant D, on the same day, jointly and severally guaranteed the above loan obligation,” and ② August 11, 2002, “Defendant B, on the same day, borrowed KRW 18,00,000 from the Plaintiff as interest rate of KRW 5% per annum, delayed damages rate of KRW 70% per annum, and Defendant D, as joint and severally guaranteed the above loan obligation.”

(hereinafter referred to as “each of the instant loan certificates”) C.

On September 14, 2002, the Plaintiff, on behalf of the Defendants, lent KRW 15,00,000 to Defendant B on June 4, 2002 on a yearly interest rate of KRW 60% per annum, delayed payment period of KRW 15,00,00,00, and on September 15, 2002. Defendant D jointly guaranteed this obligation. In the event that the Defendants fail to perform the above obligation, it shall be acknowledged that there is no objection even if they are immediately subject to compulsory execution.” The Plaintiff prepared a notarial deed of monetary loan loan contract No. 2039 on October 2, 2002, and “The Plaintiff, on August 11, 2002, 60% per annum, delayed payment period of KRW 70% per annum, and delayed payment period of KRW 15,000,00,000 on a non-performance of the said obligation,” each of the Defendants’ joint and several guaranty was not performed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A disposal document shall have its authenticity;

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