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(영문) 서울중앙지방법원 2018.07.24 2018나14976
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The pertinent Plaintiff was the manager of the “E” entertainment tavern located in Gangnam-gu Seoul Metropolitan Government D, and the Defendant introduced the co-defendant B of the first instance trial (hereinafter “B”) to the Plaintiff as an employee of the said entertainment tavern.

B. On November 29, 2016, the Plaintiff entered into a loan agreement with interest rate of KRW 60 million at 30% per annum.

As to the lending of the above money, B’s signature and seal impression are affixed to the borrower column of the loan agreement (hereinafter “instant agreement”) drawn up as of November 29, 2016, and B’s resident registration number, address, and telephone column are written in B’s resident registration number, address, and telephone column.

In addition, the phrase “a joint and several surety” in the commercial agreement, which is composed of the vice character of the instant agreement, includes the Defendant’s name, address, and mobile phone number in the column of joint and several sureties, and the so-called “acoding” in the name of the Defendant is affixed to the name of the Defendant.

In addition, the instant agreement is accompanied by a certificate of personal seal impression issued by B on November 29, 2016.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. 1) The Defendant jointly and severally guaranteed the above loan obligations against the Plaintiff, and signed and sealed on the joint and several sureties column of the instant agreement, and delivered a copy of the driver’s license to the Plaintiff. The Defendant is jointly and severally liable with the Plaintiff to pay KRW 36120,000 of the above loan obligations remaining in the Plaintiff, and the damages for delay thereof. (2) The Defendant stated the name, address, and mobile phone number in the joint and several sureties column of the instant agreement, but without reading the instant agreement, the Defendant believed the Plaintiff’s words that it is a document to identify the Defendant’s personal information, the applicant of the instant agreement.

In addition, the defendant is also the plaintiff.

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