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(영문) 서울중앙지방법원 2020.08.26 2018가단5202500
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around May 31, 2013, the Defendant (Appointed Party; hereinafter “Defendant”) borrowed money from the Plaintiff. Around May 31, 2013, the Defendant offered promissory notes (FF Bank G) issued in the name of E Co., Ltd. (hereinafter “E”), as collateral, with a face value of KRW 50 million per share, and a promissory notes (FF Bank G) dated August 31, 2013, the Defendant borrowed an amount equivalent to the face value of the said promissory notes and issued to the Plaintiff to repay the said payment date.

The above loan certificate is written by C, who is the defendant's birth, as the borrower, and D, who is the defendant's father, as the guarantor.

On May 31, 2013, the Plaintiff transferred KRW 48.5 million to the account in the name of the designated person D.

Since then, the Plaintiff had extended the repayment period on November 30, 2013.

B. Around July 25, 2013, the Defendant: (a) borrowed money from the Plaintiff; and (b) provided blank promissory notes (FF bank H) issued in the name of E as collateral; (c) delivered to the Plaintiff a certificate of loan stated in the loan amount of KRW 60 million, the due date, October 25, 2013; and (d) the borrower C and the guarantor D.

On July 25, 2013, the Plaintiff remitted KRW 13 million to the account held in the name of the selected person D, and KRW 39.8 million to July 26, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6 (including a tentative number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff asserted by the parties, on May 31, 2013, lent KRW 50 million to the Defendant and the Selection C at an interest rate of KRW 30 million each on July 25, 2013, and KRW 60 million to July 25, 2013. Since the Appointor D jointly and severally guaranteed the borrowed money by the Defendant and the Appointor C, the Defendant and the Appointor jointly and severally jointly and severally guaranteed the Plaintiff the borrowed money of KRW 110 million and KRW 50 million each on the following day with respect to the borrowed money of KRW 10 million from December 1, 2013, and KRW 60 million from the due date to due date to due date, with respect to the maximum interest rate of KRW 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act, amended by Presidential Decree No. 28413, Nov. 7, 2017.

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