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(영문) 수원지방법원안양지원 2016.02.26 2015가합1104
대여금및보증채무금
Text

1. The Defendants: (a) KRW 28,000,000 for each Plaintiff and KRW 20% per annum from February 26, 2015 to September 30, 2015; and (b).

Reasons

1. On July 11, 2013, Defendant C: (a) written the Defendants’ relevant portion in the joint obligor’s name, resident number, address, and contact column among the monetary loan certificates with the following content (hereinafter “the instant loan certificate”); and (b) affixed his seal on the name of the Defendants.

Amount: The money borrowed by the joint obligor C, B, and D is nothing more than that of the two million Won Won (Won 28,000,000).

The principal shall be repaid to He by August 12, 2013.

In addition, without consultation with the creditor, the bankruptcy, rehabilitation and seizure will take the civil and criminal legal procedures, and no objection will be raised, and you will not inflict any damage on you.

I, for the next day, deliver this certificate of borrowing money.

On July 11, 2013: The name of the debtor on July 11, 2013: C (person) resident number, address, contact number: The resident number, address, and contact number of the debtor omitted: The name of the debtor: The omitted (person) resident number, address, contact number: the omitted (applicable for recognition): the fact that there is no dispute, Gap evidence 1-2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff asserts that the defendants and D are liable to pay the above loans, interest, etc. to the plaintiff, since they lent KRW 28,000,000 to the defendants and D and received the certificate of the loan in this case.

As to this, the Defendants asserted that, through D on July 11, 2013, in borrowing KRW 10,000,000 from E, they had prepared the instant loan certificate to E, and on June 10, 2014, they did not borrow money from the Plaintiff or prepare the instant loan certificate without knowing the Plaintiff.

B. The fact that the loan certificate of this case was not written by the creditor is as seen earlier, and according to the statement No. 4, “E” in the name of ED, “FYYYYYYYYYYYYYYYYY ACT 2000,000,000,000 won, which was deposited to D, shall be lent by B and C.

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