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(영문) 대구지방법원 2017.05.10 2016나310525
대여금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the money ordered to be paid below is revoked.

Reasons

1. Basic facts

A. On February 15, 2011, the Plaintiff leased from Defendant B, “E hotel” (hereinafter collectively referred to as “instant real estate”) among the “E hotel” (hereinafter referred to as “E hotel building” and its site as well as the building site thereof, as the leased deposit for KRW 10 million, monthly rent of KRW 700,000,000, and the lease term from February 15, 201 to February 14, 2013.

(hereinafter referred to as the “instant lease contract”). The loan certificate

1.Franchising: E.g., Magman, Magman, Magman (Magman20,000,000) shall borrow and agree to:

2. Date of repayment: November 10, 201;

3. Interest: February 5 (500,000) per month;

4. Method of payment: Payment shall be made to A by the 10th day of each month.

(b) An obligor on August 10, 201: B (where a seal is affixed, resident registration number and address are recorded): C (where no seal is affixed, and no other statement is made), the obligee Hahn

B. On August 10, 201, the Defendants are married with each other, and the Defendants’ ancillary F, prepared and provided to the Plaintiff a certificate of borrowing (No. 1; hereinafter “the instant loan certificate”) with the following content as follows.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, F's testimony by the first instance court witness and the purport of whole pleadings

2. On August 10, 201, the Plaintiff asserted that the Plaintiff lent KRW 20 million to Defendant B on a fixed basis as interest rate of KRW 2.5% per month and due date of repayment on November 10, 2011, and Defendant C guaranteed Defendant B’s debt owed to the Plaintiff on the same day.

The Defendants did not pay interest after September 2012 and did not pay the principal.

The Defendants are jointly and severally liable to pay to the Plaintiff KRW 20 million and interest and delay damages after September 2012.

3. Determination

A. 1 Determination as to the cause of the claim 1) The facts without dispute, Gap evidence Nos. 1 through 5 (including paper numbers, and evidence No. 1 to F of the first instance trial witness F, based on the following facts or circumstances, which can be seen by considering the overall purport of the pleadings:

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