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(영문) 수원지방법원성남지원 2016.11.16 2016가단2030
대여금
Text

1. Defendant B’s 34,700,000 won and the interest rate of 15% per annum from February 6, 2016 to the date of full payment.

Reasons

1. Claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment based on the recommendation of confession;

2. Claim against Defendant C

A. The facts of recognition are as follows: Defendant B’s representative director, a corporation for the purpose of daily miscellaneous work and food wholesale and retail business, etc. at the same time, operated the company as the above company’s representative director, and at the same time, Defendant B registered its business with the trade name “G” and engaged in retail business. Defendant C, the spouse of Defendant B, was at the location of the Suwon-si Suwon-si H, and was engaged in the retail business with the trade name “I”. (2) The Plaintiff supplied food, etc. to E between June 30, 2015 and August 31, 2015. In relation to the payment of the price of goods from E, the Plaintiff received a check of the par value of KRW 34,700,000 per annum from E to November 1, 2015.

3) On November 1, 2015, Defendant B requested the representative director of the Plaintiff to recover the above number of units, and Defendant B paid KRW 34,70,000 on December 31, 2019 due date, interest rate of KRW 12% per annum, and interest payment date of KRW 25% per month, and Defendant C, the debtor B and the joint guarantor, are recorded, and the seal affixed thereto is affixed (hereinafter “the loan certificate of this case”).

)을 작성하여 주었다. 4) J는 이후 피고 C에게 위 당좌수표가 들어있는 봉투를 건넸다.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1 (including the number of pages), and the purport of whole pleadings

B. Defendant C, who is well aware of the series of processes, such as transactions, dishonors, and necessity for the collection of checks, in which Defendant B issued the check number, indicated his intent of joint and several sureties for the preparation of the loan certificate in order to recover the check, and thus, the above intent is jointly and severally with Defendant B.

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