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(영문) 서울북부지방법원 2015.08.27 2014가합6699
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 41,224,208 and as a result, from May 29, 2010 to August 27, 2015.

Reasons

1. Basic facts

A. On December 1, 2009, the Plaintiff and the Defendants drafted a certificate of borrowing KRW 200,000 as indicated below (hereinafter “the certificate of borrowing”).

Defendant B borrowed on November 30, 2009 KRW 200 million to the Plaintiff.

The principal amount of KRW 200 million will be paid in two order.

If the principal and interest are not paid within the deadline at any time, there is no objection, and if the defendant B fails to perform it, the defendant C will act on behalf of the joint guarantor.

1. Date: The due date for the principal amount of KRW 100 million on December 2, 2009: December 28, 2009: The due date for the principal amount of KRW 100 million on December 28, 2009: the joint guarantor promises that the debtor and the creditor should jointly and severally pay the principal and interest to the creditor on May 11, 2010. The plaintiff who jointly and severally liable for the defendant C, the plaintiff

B. On April 26, 2010, Defendant B issued four copies of the cashier’s checks to the Plaintiff, and repaid KRW 40,000,000 to the Plaintiff.

[Ground of recognition] The fact that there has been no dispute, Gap evidence 1-1-3, purport of whole pleading, and purport of whole pleading

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the borrowed amount of KRW 160,000,000 (i.e., KRW 200,000,000 - the repaid amount of KRW 40,00,000 according to the loan certificate of this case) and damages for delay from May 29, 2010.

B. The Defendants’ assertion on the Defendants’ defense prepared the instant loan certificate of KRW 200 million, which the Plaintiff lent to D as capital, at D’s request. At the time of the preparation of the instant loan certificate, the Plaintiff was aware that some of the above KRW 200 million was paid out of the funds of the instant company while managing the funds of the instant company, but it was decided to make a subsequent settlement.

The Plaintiff continued to engage in the instant transaction even after preparing the instant loan certificate with the instant company, and the Defendants from April 7, 2009 to May 31, 2013, as well as the Plaintiff’s KRW 40,000,000, total amount of KRW 223,575.

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