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(영문) 수원지방법원 2019.08.29 2018나8832
대여금
Text

1. The part against Defendant B among the judgment of the first instance is revoked.

2. Defendant B shall pay 50,000,000 won to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 25, 2008, Defendant C entered into a contract with Defendant C on the name of a certified judicial scrivener with respect to the operation of the certified judicial scrivener's office located in the Seocho-gu Seoul E building F in the name of Defendant C, which delegated all of his authority to Defendant C after reporting the establishment of the office in the name of Defendant C. Since that time, Defendant C created and used the seal, reputation, and reputation of Defendant C's name, and opened and used a deposit account in the name of Defendant C.

B. On December 9, 2008, Defendant B entered into a loan certificate (hereinafter “instant loan certificate”) with Defendant B as a debtor at the time of repayment of KRW 50,000,000 from the Plaintiff on January 8, 2009 (hereinafter “the instant loan loan agreement”). Defendant D entered in the instant loan certificate that “When Defendant B is unable to repay the said obligation to the Plaintiff by April 10, 2009, Defendant B is jointly and severally liable.”

C. Defendant B affixed the instant loan certificate with the name and seal of Defendant C’s corporation, and entered the deposit account in his name with the Defendant C’s deposit account, and the Plaintiff deposited KRW 50,000,000 with the Defendant C’s corporate bank account on December 9, 2008.

Defendant D and Defendant B transferred to the Plaintiff the claim amounting to KRW 80,000,000, held against Nonparty G around June 2009, and the same month.

5. G prepared a certificate of loan stating that Defendant B’s debt amounting to KRW 80,00,000,000, including Defendant B’s debt of this case against the Plaintiff, was subrogated by July 30, 2009, and issued a promissory note amounting to KRW 80,000,000 for the Plaintiff, and written a notarized deed for the said promissory note.

E. On April 17, 2012, the Plaintiff filed a lawsuit claiming the payment of bills against G (U.S. District Court Ansan Branch 2012Gadan9557). In the above case of the claim for the prohibition of bills, “G shall pay KRW 80,000,000 to the Plaintiff until November 30, 2012.”

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