logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.09.10 2020나2006274
대여금 청구의 소
Text

1. The judgment of the first instance, including any claims added by this court, shall be modified as follows:

Defendant B.

Reasons

1. Basic facts

A. “The loan amount of KRW 40 million, from May 2, 2012 to January 2, 2014, the interest rate of KRW 1.5% per month, interest rate of KRW 5% per annum, the business funds of Defendant B, Defendant C, and Plaintiff, the borrower, and the Plaintiff (hereinafter “the first loan certificate”) were written as of May 2, 2012.

The loan certificate No. 1 is accompanied by the name of the Defendants printed in the same word, and the seals of the Defendants are affixed, and the certificate of personal seal impression issued by Defendant B on April 26, 2012 and the copy of the resident registration certificate issued by Defendant C as of April 26, 2012 are attached.

B. “The borrowed loan amounting to KRW 120 million, the loan period from October 16, 2013 to October 15, 2015, the interest rate of KRW 15% per month, the overdue interest rate of KRW 5% per month, the loan usage E restaurant’s operating funds, Defendant C, the guarantor, Defendant B, and the Plaintiff” (hereinafter “second loan certificate”) was written as of October 16, 2013, and the loan based thereon was written as of October 16, 2013.

In the second loan certificate, the name of the defendants is printed in the same letter, and the seal of the defendants is affixed thereto.

This is accompanied by the certificate of personal seal impression issued by Defendant C on October 16, 2013 and the certificate of personal seal impression issued by Defendant B on October 2, 2013.

The defendant C's seal affixed to the above loan certificate is different from the above certificate of the seal imprint attached.

On October 16, 2013, the Plaintiff transferred KRW 120 million to the I Bank Account (K) in Defendant C’s name.

C. On November 2, 2012, the Plaintiff and Defendant B prepared and signed a list of the loan situation of KRW 1,070,000,000 (hereinafter “instant loan situation table”) as follows.

The loan term of the date of borrowing is 370,000,000,000 on March 2, 201, 201 at the interest rate on the loan term (cost) and at the interest rate on the loan term, from March 2, 201 to March 1, 2013.

arrow