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(영문) 부산지방법원 2020.04.10 2019나4394
대여금반환
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On May 2018, the Plaintiff was introduced as Defendant C’s introduction to Defendant B and Defendant D Co-Defendant D (hereinafter “D”), and purchased health foods on May 21, 2018.

B. On June 29, 2018, Defendant B borrowed KRW 20 million from the Plaintiff on June 29, 2018, with a maturity of KRW 1,000,000 per month on June 29, 2019, and with a maturity of KRW 1,00,000 per month on any loan certificate that contains such content (hereinafter “the first loan certificate”).

The above loan certificate includes the contents that Defendant C and D guarantee the above debt.

C. On August 11, 2018, the Plaintiff and D agreed that D shall pay to the Plaintiff KRW 5 million, out of the above KRW 20 million borrowed by Defendant B, and that D shall invalidate D’s guarantee.

On September 4, 2018, Defendant C promised to pay the Plaintiff the remainder of KRW 15 million (hereinafter “instant loan”) and delay damages, excluding the amount of KRW 5 million that Defendant B borrowed from the Plaintiff, Defendant C, on September 4, 2018. The Plaintiff borrowed the amount of KRW 13 million on September 4, 2018 and repaid the same until October 30, 2018. The proviso clause states that “The Plaintiff shall not return the goods purchased from the Nonparty Company” (hereinafter “instant loan No. 2”), and “the Plaintiff borrowed the amount of KRW 2.6 million on September 4, 2018, and repaid the loan No. 3” (hereinafter “the loan certificate”).

E. On September 15, 2018, Defendant B prepared and delivered a loan certificate stating that “where Defendant C is unable to repay the total amount of KRW 15 million by the end of October 2018, Defendant C shall pay the total amount of KRW 100,000 per month” (hereinafter “instant loan certificate”) to the Plaintiff.

[Ground of recognition] There is no dispute.

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