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(영문) 의정부지방법원 2018.04.26 2017나215675
대여금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment, which is identical to that of the following Paragraph 2, with regard to the matters for which the plaintiff asserts again in the trial of the court of first instance, and thus, it shall be cited as it is in accordance with the main sentence

2. Determination on addition

A. The Plaintiff asserted that the Plaintiff lent a total of KRW 170 million to C from March 2008 to July 13, 2009.

The defendant jointly and severally guaranteed the above debt C, but at the time, the plaintiff was not able to fully grasp the amount of the claim against C, so on August 3, 2009, the custody certificate of this case was prepared for the part of KRW 74 million out of the above debt, and the same month.

7. Regarding the remainder of KRW 93 million, the notarial deed of this case was prepared separately and jointly and severally guaranteed.

Therefore, separate from the Plaintiff’s repayment of KRW 93 million based on the notarial deed of this case, the Defendant should perform the remaining joint and several liability obligations to the Plaintiff in accordance with the custody certificate of this case.

B. According to the Plaintiff’s assertion, even if the Plaintiff’s loan to C reaches a total of KRW 170 million, according to the Plaintiff’s evidence Nos. 1, 2016, the Plaintiff filed an application for payment order with C, excluding the remainder of KRW 38 million, excluding the remainder of KRW 93 million paid at KRW 131,00,000,000 for total loan to C around July 2016. The Plaintiff appears to have identified the total amount of loan to C as KRW 131,00,000 by July 2016.

Thus, on August 2009, the custody certificate of this case and the Notarial Deed of this case were prepared, the plaintiff or the defendant had no choice but to recognize the debt amount of C to the plaintiff as a maximum of KRW 131 million.

Although the defendant is required to calculate C's debt amount as a total of KRW 167 million, and the custody certificate of this case and the notarial deed of this case shall be respectively.

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