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(영문) 서울고등법원 2015.05.01 2014나46121
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

Basic Facts

A. The Plaintiff respectively lent KRW 100 million to B, around August 2010, KRW 201, KRW 110 million on March 21, 201, and KRW 50 million on October 24, 201.

In addition, on March 22, 2011, the Plaintiff issued cashier's checks of KRW 100 million to B, and the cashier's checks of KRW 200 million on March 23, 201, respectively.

B. (1) On February 13, 2012, B prepared a loan certificate stating that “The Plaintiff borrowed and received KRW 550 million (hereinafter “the instant loan”). The joint and several sureties shall be held responsible for the said money.” (hereinafter “the instant loan certificate”).

At the time, B entered the name, resident registration number, address, and place of residence of the defendant who is his/her father, and entered the defendant's name in the column of joint and several sureties at the bottom, affixed the defendant's seal impression on the name of the defendant in each column of joint and several sureties, and attached his/her and the defendant's seal impression.

(2) On the same day, B prepared a letter of delegation stating that “B and the Defendant shall delegate to the Plaintiff the certification of promissory notes on the instant loan” with the borrower and the Defendant as joint and several surety, and affixed the seal of the principal and the Defendant on the said letter of delegation. On March 30, 2012 on the same day, B prepared a promissory note with a face value of KRW 550 million for the issuer B, the joint and several surety, the issuer B, the Defendant, and the Defendant’s face value of KRW 30 million, and then delivered to the Plaintiff

(hereinafter referred to as “the instant loan certificate, etc.” in combination with the instant loan certificate, power of attorney, and promissory note

After that, B was prosecuted on the charge of acquiring the instant loan from the Plaintiff, and the Seoul Western District Court rendered a verdict of 100 million won on March 21, 201 and 50 million won on October 24, 2011 among the instant loans as Seoul Western District Court Decision 200 million won on March 28, 2013 on the ground that the Defendant had the intent and ability to repay the loan amount of 100 million won on August 201.

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