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(영문) 광주고등법원 2016.02.02 2015나11044
대여금
Text

1. The plaintiff's appeal against the defendant B is dismissed.

2. Of the judgment of the court of first instance, the part against Defendant C in the trial.

Reasons

1. On October 14, 2010, Defendant B, C, the Plaintiff, and D entered into a contract with H to the lease of the F Hospital G pharmacy located in E on the basis of the basic facts (hereinafter “instant agreement”) under which each of the 25% equity interest was agreed upon (hereinafter “instant agreement”). Accordingly, the said G pharmacy’s deposit was assessed against each of the KRW 250,000,000,000.

On October 14, 2010, Defendant C prepared a certificate of borrowing that KRW 250,000,000 shall be paid to the Plaintiff on April 6, 2011 and the 24% interest rate per annum on the 14th day of each month.

On October 15, 2010, the Plaintiff transferred KRW 150,000,000 to Defendant B’s Gwangju Bank account (Account Number I), and KRW 100,000,000 to the above account on October 18, 2010.

On May 6, 2011, Defendant B, the Plaintiff, and D drafted a written confirmation to the effect that Defendant B would pay KRW 300 million to the Plaintiff and D in installments over a year prior to the repayment by Defendant C (hereinafter “instant written confirmation”).

After formulating the instant confirmation document, Defendant B paid a total of KRW 130 million to the Plaintiff from May 19, 201 to September 10, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 4, 5, 7, 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff remitted KRW 250,000,000 to Defendant B in accordance with the instant agreement, and the instant agreement was not sexually dead.

Defendant C prepared and awarded to the Plaintiff the above 250,000,000 won loan certificate, and Defendant B prepared and issued the instant confirmation document that the Plaintiff would pay the above 250,000,000 won, so the Defendants are jointly and severally liable to pay the Plaintiff KRW 250,00,000.

However, the Defendants only paid a total of KRW 125,00,000 to the present day, and the Defendants jointly and severally paid KRW 125,000,000 to the Plaintiff and Defendant C with respect thereto, which was written by the Plaintiff on April 6, 2011.

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