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(영문) 서울중앙지방법원 2015.04.14 2013가단108929
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from August 2, 2012 to the date of full payment.

Reasons

1. Summary of the parties’ assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion 1) and Defendant B, while maintaining the transactional relationship with used cars, etc., requested Defendant B to lend money to the Plaintiff on or around August 201, and the money transaction was conducted several occasions from the business day. 2) The Plaintiff, around August 2, 2012, agreed with Defendant B to determine as KRW 100 million the amount of money that the Plaintiff lent to the Defendant B up to the time, and not recovered. Defendant B paid the Plaintiff the amount of KRW 100 million up to December 31, 2012, but agreed to pay the interest of KRW 20% per annum to the Plaintiff on the 15th day of each month, signed and sealed the loan certificate (hereinafter “the instant loan certificate”).

3) From the time when the loan certificate of this case was prepared to secure the performance of the obligation to Defendant B, the Plaintiff demanded that Defendant B obtain joint and several sureties from Defendant B, which was the put by Defendant B, to secure the performance of the obligation, and that Defendant B, around December 17, 2012, signed and sealed by Defendant C as a joint and several sureties, as the joint and several sureties (hereinafter “instant joint and several sureties”).

(4) Therefore, the Defendants are jointly and severally liable to perform the obligations set forth in the instant loan certificate and the joint and several sureties letter to the Plaintiff.

B. Defendant B’s assertion 1) as indicated in the instant loan certificate: Defendant B did not borrow KRW 100 million from the Plaintiff. However, the seal affixed on the instant loan certificate is the Defendant B’s seal imprint. However, on January 2012, the instant loan certificate was prepared only by stating that “the Plaintiff prepared in advance for the purpose of security in preparation for the occurrence of increase in cash transactions after maturity.” In addition, Defendant B only written the name and resident registration number on the “debtor” column of the instant loan certificate, and written the remainder. Defendant C: (2) Defendant C.

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