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(영문) 전주지방법원 2020.10.14 2020가단8502
대여금
Text

Defendant Incorporated Incorporated Company B and D are jointly and severally liable to the Plaintiff for KRW 50,000,000 and the same on March 29, 2019.

Reasons

On March 29, 2019, the Plaintiff indicated each claim against Defendant Incorporated Incorporated Company B and D, with the amount of KRW 50,000,000,00 to Defendant Incorporated Incorporated Company B (hereinafter “Defendant Company”) until April 8, 2019 due date, set at 25% per annum, and 35% per annum, and Defendant D guaranteed the Defendant Company’s above loan obligation against the Plaintiff on the same day.

According to Article 208(3)2 of the Civil Procedure Act of the applicable provisions of the applicable provisions of the Acts (in the case of confessions made by absence of the defendant), the facts of finding the judgment as to the primary claim against the defendant C as to the claim are as follows: (a) on March 29, 2019, the plaintiff prepared a certificate of loan between the defendant company and the defendant company to grant 50 million won to the above company until April 8, 2019, with interest rate of 25% per annum and interest rate of 35% per annum; (b) on the deposit account at the end of the above certificate of loan, the name of the defendant C is stated; (c) on the same day, the plaintiff deposited KRW 50 million with the account under the name of the defendant C; and (d) on April 111, 2019, the defendant C issued a certificate of personal seal impression to the plaintiff with his own certificate of personal seal impression issued.

The plaintiff's assertion is asserting that defendant C is responsible for paying 50,000,000 won of the above borrowed money.

Although it is not clear that the plaintiff's assertion was made, the defendant C borrowed money from the plaintiff.

It may be harmful to the purport that a joint and several surety was made for the above loan debt.

However, even according to the Plaintiff’s assertion, the Plaintiff lent money upon the request of Defendant C to lend money necessary for the permission, etc. to divert the farmland for the construction of a commercial building to be implemented by the Defendant Company, and only the Defendant Company and D are stated in the “debtor” and “joint guarantor” column of the above loan certificate, and the name of Defendant C as stated in the above loan certificate appears to be aimed at indicating the deposit account holder.

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