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(영문) 서울서부지방법원 2015.12.23 2015가단27272
차용금
Text

1. The Defendant: (a) KRW 8,000,000 for the Plaintiff and 6% per annum from August 25, 2015 to December 23, 2015; and (b) the Plaintiff.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff’s assertion (i) When the Defendant’s mother C borrowed KRW 25 million from the Plaintiff on September 20, 2010, the Defendant jointly and severally guaranteed the Defendant’s obligation to borrow the principal and interest of the loan, and as the Defendant jointly and severally guaranteed the Defendant’s obligation to borrow the principal and interest of the loan, the 453 square meters (hereinafter “instant land”).

(2) On September 19, 2010, Daejeon District Court Decision 17902, the Daejeon District Court rendered, as to the instant land, the establishment of a collateral security (hereinafter “mortgage”) with the maximum debt amount of KRW 30 million, the obligor C, and the obligee; ii) the Defendant borrowed from the Plaintiff KRW 4 million on March 21, 201; and KRW 4 million on September 15, 201, from the Taean District Court Decision 18621, Sept. 19, 201, the Defendant continued to receive KRW 10,40,000,000 from the day following September 27, 201, which was calculated as the maximum debt amount of KRW 200,000,000,000 from the day when the obligor and the obligee were the Plaintiff (hereinafter “mortgage 3,071,000,0000,0000 won, which were calculated as the maximum debt amount of KRW 407,0715,2717.

B. The Defendant’s assertion (i.e., the Defendant did not check the Plaintiff’s pressure and signed and sealed the loan certificate (Evidence No. 4) with the amount of KRW 10,400,000 on September 15, 201 and the receipt (Evidence No. 8) with the amount of KRW 8,00,000,000, and other transaction documents under the name of the Defendant are written by C without the Defendant’s consent. As such, C carries the Defendant’s personal seal impression, seal imprint, etc., and written at the Plaintiff’s request, it is not effective against the Defendant.

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