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(영문) 서울중앙지방법원 2018.06.20 2017가합17189
대여금
Text

1. Defendant B’s KRW 500,000,000 and the Plaintiff’s annual interest thereon from August 28, 2008 to June 20, 2017.

Reasons

1. Determination as to the claim against the defendant B

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

B. Grounds for recognition: (a) the above defendant and his/her legal representative were served with a duplicate of the complaint, and on March 27, 2018, submitted only a written reply that did not contain any specific assertion and proof within the prompt and prompt time limit, and did not appear on the date of pleading.

Therefore, it is deemed that all of the plaintiff's allegations were led to confession under Article 150 (3) of the Civil Procedure Act.

2. Determination as to the claim against Defendant C, D, and E

A. The Plaintiff asserted that on August 27, 2008, the Plaintiff agreed to receive KRW 500 million including the amount of loan previously lent to Defendant B, and received a promissory note from Defendant B to secure this amount. In order to ensure this, the Plaintiff was issued a KRW 500 million of the issuance of F.

On September 29, 2008, at the time of the payment of the above Promissory Notes, Defendant B demanded that the Plaintiff return the existing Promissory Notes as to the delivery of the Promissory Notes endorsed by the Plaintiff. The Plaintiff returned the said Promissory Notes to Defendant B and received KRW 500 million at face value, the due date, October 15, 2008, and the date of issuance September 29, 2008 (hereinafter “the Promissory Notes”). Defendant C, D, and E endorsed the instant Promissory Notes.

Therefore, the above Defendants are jointly and severally liable to pay the loans amounting to KRW 500 million and damages for delay.

B. As to whether Defendant C, D, and E jointly and severally guaranteed Defendant B’s loan obligations against the Plaintiff, the following circumstances revealed by comprehensively taking account of the respective descriptions and the entire purport of the pleadings, which are the following circumstances, i.e., a person who remitted KRW 200 million to Defendant B, i.e., the Plaintiff.

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