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(영문) 대구지방법원 2016.08.23 2016가단7255
대여금등
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 21,250,00 and the interest rate thereon from May 25, 2016 to the date of full payment.

Reasons

1. The part against Defendant A

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. The Plaintiff as to Defendant B, the representative director of Defendant A, prepared a loan certificate (Evidence 2) while lending money to Defendant B, and thus, Defendant B is jointly and severally liable with Defendant A to repay the loan money. However, each of the items of subparagraphs 1 and 2 is only recognized as having affixed the loan certificate (Evidence 2) to Defendant B as the representative director of Defendant A’s corporation. Furthermore, it is difficult to acknowledge the fact that Defendant B jointly and severally guaranteed the above loan obligation of Defendant A, and there is no other evidence to prove otherwise.

Therefore, the part against Defendant B is without merit.

3. In conclusion, the plaintiff's claim against the defendant A is justified, and the claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

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