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(영문) 전주지방법원 2017.04.28 2016나5453
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of lawsuit are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. Facts of recognition;

A. On June 16, 2002, the Plaintiff loaned KRW 20,000 to Defendant B as interest rate of KRW 20,000 (hereinafter “instant loan”), and Nonparty D and E guaranteed Defendant B’s above loan obligations on the same day.

B. On August 28, 2003, the Plaintiff filed a lawsuit claiming the return of the purchase price of a motor vehicle against Defendant B and the Young Automobile Co., Ltd. (hereinafter “Abandoned Motor”), but withdrawn the lawsuit against Defendant B on November 29, 2003, and on February 17, 2004, the Plaintiff voluntarily prepared a motor vehicle sales contract and a deposit slip to guarantee KRW 20,000 won borrowed from the Plaintiff, but the judgment dismissing the Plaintiff’s claim against the Abandoned Motor on the ground that it cannot be recognized that the automobile sales contract was concluded between the Plaintiff and the Abandoned Motor.

I agree to confirm that the liability relationship with respect to AB has been settled and that any action in progress will be withdrawn and will not be subject to any civil and criminal liability with respect to AB thereafter.

C. On October 30, 2003, prior to the withdrawal of the above lawsuit against Defendant B, the Plaintiff prepared and sent to Defendant B a written confirmation of the following contents (hereinafter “instant confirmation”). D.

On the other hand, on October 30, 2003, Defendant B’s non-party F, who made and issued a written confirmation of the following contents to Defendant B.

The above person confirms that the obligation relationship between the plaintiff and the defendant B (hereinafter referred to as "the plaintiff") is to be settled, provided that when the security of the principal secured by the car is terminated, the person shall be liable for the repayment and, in principle, the repayment shall be made after the termination.

E. The plaintiff filed a lawsuit seeking the payment of the loan of this case against Defendant B and joint and several sureties as Jeonju District Court 2005 Ghana17620, and on March 2005.

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