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(영문) 춘천지방법원강릉지원 2017.08.08 2016가합250
청구이의
Text

1. The defendant's order of payment is based on the defendant's order of payment order 2016j120 court of Gangseo-si branch court of Chuncheon District Court for the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff B is the wife of Plaintiff A, and Plaintiff A operated an engineering work, etc. with the trade name “Co. D (Representative Director B)”.

B. From April 2007 to September 4, 2013, the Defendant had been engaged in monetary transactions with the Plaintiffs, such as lending business funds to the Plaintiffs from time to time, and receiving interest thereon. As part of such monetary transactions, the Defendant entered into a monetary loan agreement with the Plaintiffs to lend KRW 175 million to the Plaintiff B by setting the interest rate of KRW 3% (payment on August 13, 2009) and the due date of payment as of January 31, 2010 (payment on January 13, 2009), and the Plaintiff jointly and severally guaranteed the said loan obligations.

However, rather than directly lending his own money to the Plaintiff B, the Defendant borrowed the above KRW 175 million from E and again lent it to the Plaintiff B.

(A) In fact, the Defendant received the above KRW 175 million from E on August 18, 2009, and again remitted it to the Plaintiff B.

In addition, on August 14, 2009, the Defendant, on behalf of the Plaintiff on behalf of the Plaintiff, issued a promissory note with “the issuer A, the face value of KRW 350 million, the payment date of KRW 350 million, the issue date of August 14, 2009, the place of issue, the place of payment, and the place of payment respectively,” and on the same day, the Plaintiff B as a joint guarantor, with the Plaintiff as “the issuer B, the agent of the issuer B, shall not raise any objection even if he delays the payment of the said note to the holder of the said bill” (hereinafter referred to as “notarial deed of this case”).

Then, on August 8, 2016, Plaintiff B was urged by the Defendant to pay the borrowed money due to the said monetary transaction, and then, Plaintiff B confirmed that “I have borrowed KRW 275 million from the Defendant. I have the maturity to pay the borrowed money at present.”

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