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Reasons
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(영문) 서울동부지방법원 2017.01.18 2016가단9408
대여금
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1. The Defendant (Appointed Party) and the Appointed C jointly and severally with the Plaintiff KRW 200,000,000,000,000,000,000,000,000.

Reasons

1. Basic facts

A. A. Around March 9, 2008, a loan certificate was drawn up between D and the Defendant, a joint and several surety of the Plaintiff’s agent and the Appointed C, and the Appointed C, a joint and several surety of the Defendant, stating that “The Appointed C, a joint and several surety of the Defendant, offered as security and borrowed KRW 200 million from the Plaintiff, and borrowed KRW 302 (320 million from the Plaintiff.” On the same day, a notary public was certified as one of the law firms in 207.

(hereinafter referred to as “instant certificate”). (b)

The defendant is operating F Co., Ltd. (hereinafter referred to as the "F") as the Appointor C's fraud.

【Fact that does not have any dispute】

2. Claims by the parties;

A. The Plaintiff seeks a loan of KRW 200 million to the Defendant based on the instant certificate.

B. As to this, the Defendant asserts that the Plaintiff prepared and gave the instant certificate to the Plaintiff on the ground that “only 200 million won is to be lent to the Plaintiff,” but the Plaintiff did not deposit the said KRW 200 million after the lapse of the banking closing time on the same day, and accordingly, the instant certificate was invalidated.

C. In other words, the Plaintiff asserts that the instant written certification was KRW 130,000,000 (i.e., KRW 40 million against the Defendant on May 5, 2006, KRW 40 million against the Defendant on May 22, 2006, KRW 50 million against the Defendant on February 13, 2007) and KRW 70 million to be lent in the future by the Defendant on March 12, 2007 (i.e., KRW 50 million against the Defendant on March 15, 2007) and KRW 200,000,000 against the Defendant.

In other words, the defendant asserts as follows.

1. The part of KRW 80 million: The defendant borrowed KRW 40 million from the plaintiff on May 5, 2006 and KRW 40 million on May 22, 2006 from KRW 20,000,000 from the plaintiff on May 2, 2006, as alleged by the plaintiff.

In order to secure the above loan debt, the defendant shall have a maximum debt amount of 120 million won on December 11, 2006, concerning G Apartment 501 Dong 202 owned by himself, Gangdong-gu Seoul Metropolitan Government.

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