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(영문) 청주지방법원 2018.08.23 2017가단112782
대여금
Text

1. Defendant B’s KRW 43,00,000 as well as 5% per annum from July 22, 2010 to March 8, 2018, and the following.

Reasons

1. Part concerning Defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment without holding any pleadings: Articles 208(3)1 and 257 of the Civil Procedure Act;

2. The part concerning Defendant C and D

A. The Plaintiff’s summary of the Plaintiff’s assertion was leased KRW 43 million to Defendant B on July 2, 2010, and KRW 10 million on July 21, 2010 (hereinafter “the first payment”). Defendant C and D jointly and severally guaranteed the amount of KRW 40 million out of the above loans. In addition, the Plaintiff additionally lent KRW 14 million to Defendant D on May 22, 2012 and KRW 14 million on June 4, 2012 (hereinafter “second payment”). Accordingly, the Plaintiff is jointly and severally liable to pay interest or delay damages to the Plaintiff, Defendant C and D on the first payment of KRW 40 million and interest or delay damages to the Defendant D and each of them.

B. On June 25, 2010, the Plaintiff paid KRW 20 million to Defendant B, KRW 13 million on July 2, 2010, and KRW 43 million on July 21, 2010, and KRW 10 million on July 21, 2010; Defendant C and D, up to July 2, 2010, prepared and delivered a cash custody certificate to the effect that Defendant B received 33 million from the Plaintiff (hereinafter “instant cash custody certificate”); the Plaintiff did not dispute with the Plaintiff on May 22, 2012, KRW 40 million, KRW 14 million on June 4, 2012, or KRW 14 million on July 21, 2010; or all of the arguments are satisfied including the purport that the Plaintiff paid KRW 1,400,000 on the entire number of the parties concerned; or

Receipt of KRW 33 million out of the daily cash storage certificate 40 million won.

The money was delivered as part of the intermediate payment E.

I handle these money as part of part of the part payments.

The remainder of seven million won shall be deposited on July 5, 2010.

On July 2, 2010, defendant C, joint and several sureties D, but on the other hand, each entry of Eul 1 and 2 (including all of the serial numbers) is integrated into the whole purport of the pleadings.

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