(영문) 대구고등법원 2016.01.26 2014나22353

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(영문) 대구고등법원 2016.01.26 2014나22353

대여금등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From November 2007, the United Nations Es. Industry Development Co., Ltd. (hereinafter “UNFCCC”) borrowed money from the Plaintiff and operated its business.

B. On May 2, 2008, if the United Nations E.S. Industrial Development extended additional loans of KRW 165 million to the Plaintiff, the sum of the above amounts shall be KRW 900,000,000,000 to the Plaintiff around that time. The agreement was reached that the repayment shall be made by September 2, 2008, but if the principal and interest are not repaid within the due date, the due date shall be extended by 2 months and the interest shall be paid at 10%. Accordingly, the Plaintiff transferred KRW 165,00,000 to the Plaintiff around that time.

C. On May 2, 2008, the development of the United Nations E.S. industry issued and delivered to the Plaintiff a promissory note at the Plaintiff’s face value of KRW 900 million and due date September 2, 2008, using the UNS Industry Development Head Office at the place of issuance. D.

C and the Defendant jointly and severally guaranteed the principal and interest of the above loan that UNS Industry Development bears to the Plaintiff.

(hereinafter referred to as the "joint and several guarantee contract of this case"). 【No dispute exists concerning the grounds for recognition, entries in Gap evidence 1 through 3, and the purport of the whole pleadings.

2. Determination on this safety defense

A. The Defendant’s assertion that the Defendant lent KRW 900 million to the Plaintiff, D, E, and F (hereinafter “Plaintiff and three other parties”), and as a result of the agreement on the collection of the loan, C sold the secured land and repaid the loan with the amount, and the Plaintiff and three other parties agreed to not file a lawsuit with the Defendant, C, etc., so the instant lawsuit shall be dismissed as an unlawful lawsuit against the foregoing non-prosecution agreement.

B. The defendant's assertion is without merit, since there is no evidence to prove that there was an agreement to file a lawsuit as alleged by the defendant.

3. Determination as to the cause of action

A. The plaintiff's assertion is based on the above KRW 900 million to the plaintiff.

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