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(영문) 청주지방법원 2015.08.19 2015가단103456
대여금
Text

1. The Defendant is jointly and severally with C, 10 million won, and as to the Plaintiff, 18% per annum from July 2, 2012 to April 14, 2015.

Reasons

1. The Korea Saemaul Depository D located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, was established on January 6, 2010.

C was the vice-chairperson of the Korea Saemaul Fund, and the defendant was the chief director.

Around February 2011, the plaintiff knew the defendant and did not know C, and C asked the defendant to contact with the defendant to inquire about the person who will borrow the money, and the defendant requested the plaintiff to lend the money.

On February 24, 2011, the Plaintiff leased C with the due date of repayment on February 28, 2013, at the interest rate of 18% per annum, 100 million won, and the Defendant jointly and severally guaranteed C’s above obligations, and the loan certificate was drafted.

On the same day, the plaintiff, the defendant, and C prepared by a notary public a notarial deed stating the intent of recognition of compulsory execution in the event of non-performance of the above borrowed money and the joint and several surety obligation under the 2011 Certificate No. 412.

On June 21, 2012, the above 100 million won was repaid to the Plaintiff.

However, the above borrowed money or the notarial deed was not recovered.

After that, at the end of June 2012

7. At the beginning, C contacted the Defendant to have him borrow money again from the Plaintiff, and the Defendant requested the Plaintiff to return 10 million won to C’s account.

On July 2, 2012, the Plaintiff transferred 100 million won to C’s account after telephone conversations with C.

The above KRW 100 million was not repaid until the date of the closing of the argument in this case.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 4 (including provisional number), Eul evidence 1, Eul witness C's testimony, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that, at the time of remitting KRW 100 million to C on July 2, 2012, the Plaintiff used the notarial deeds and the notarial deeds prepared around February 24, 201 and lent under the same conditions as at the time of February 24, 2011, the Defendant is jointly and severally liable with C to pay KRW 100 million.

As to this, the defendant shall be C at the time of February 24, 201.

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