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(영문) 부산지방법원 2015.11.18 2015가단226010
대여금
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 40,000,000, and each of the above amounts.

Reasons

1. Facts of recognition;

A. Defendant B is the mother of Defendant C.

B. On August 3, 2013, Defendant B prepared and issued a loan certificate to the Plaintiff that “Defendant B borrowed KRW 60,000,000 on August 3, 2013 and would repay until October 30, 2013” (hereinafter “the instant loan certificate”).

C. On July 9, 2015, Defendant C prepared and delivered a payment note to the Plaintiff that “Defendant C would pay KRW 40,000,000,000, out of 60,000 borrowed money borrowed from the Plaintiff from the Plaintiff, jointly and severally with Defendant B” (hereinafter “instant payment note”).

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and 2-1, the purport of the whole pleadings and arguments

2. The allegations by the parties and the determination thereof

A. The plaintiff asserts that the defendants should perform their obligations as stated in the loan certificate and the letter of commitment of this case. Accordingly, the defendant Eul did not directly borrow money from the plaintiff, and the defendant Eul prepared and ordered the loan certificate of this case due to the plaintiff's subrogation, who is the plaintiff's seat, and the defendant C, who is a child, made intimidation and coercion against the defendant Eul and forced the defendant Eul to act jointly and severally, so there is no obligation based on the loan certificate of this case.

B. It is reasonable to view that there was an expression of intent as stated in the reasoning, barring any special circumstance, since both the loan certificate and the statement of payment in this case are all disposed documents. Defendant B’s assertion contrary to this is without proof, except the statement.

Therefore, it is reasonable to see that the Defendants expressed their intent to perform the obligation as stated in the instant loan certificate and the memorandum of payment, and as such, Defendant B is jointly and severally with Defendant B, and as to the joint and several surety deposit amount of KRW 40,000,000 based on the instant loan certificate and each of the above amounts, Defendant C is jointly and severally with Defendant B.

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