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(영문) 전주지방법원 2019.08.23 2018나7569
대여금
Text

1. Of the judgment of the court of first instance, with respect to Defendant (Appointed) and Appointed F, Defendant (Appointed Party) against the Plaintiff on 8,644.

Reasons

1. A summary G of the cause of the claim (hereinafter “the deceased”) lent KRW 11,00,000 (hereinafter “third loan”) to the Defendant on October 207, 200, KRW 5,000 (hereinafter “first loan”), KRW 2,000,000 on November 17, 2007 (hereinafter “second loan”), and KRW 11,000,000 (hereinafter “third loan”) on December 31, 207. Since the Defendant jointly and severally guaranteed the Defendant’s loan obligation, the Defendants are jointly and severally liable to pay the Plaintiff damages for delay from January 1, 2008, which is the date following the date of the last loan.

2. Determination

A. Determination on the cause of the claim No. 1-2, 3, and 4-1 and 2-2 of the evidence No. 1-2, 3, and 4-2 of the judgment on the cause of the claim

(A) The loan certificate dated December 31, 2007 (No. 4-2, hereinafter referred to as "the second loan certificate") and the second loan certificate dated December 31, 2007

In light of the purport of the entire pleadings, the Deceased’s entire statement on September 12, 2017: (a) each of the first instance court’s statements to the effect that the remainder was not written at all at that time; (b) on September 12, 2017, the Plaintiff loaned the instant loan to the Defendant; (c) the Plaintiff was the only heir of the Deceased; and (d) the Plaintiff was found to have not fixed the due date for payment of the instant loan; and (c) there is no dispute between the parties that there was a interest agreement on the instant loan.

On the other hand, the statement on the first loan and the third loan of the second loan certificate is stated as a joint and several sureties, but with respect to the second loan, only it is stated as the "a loan with an additional million won" at the bottom of the first loan certificate as the "the defendant (the defendant's seal impression)" on November 17, 2007, and the selector stand joint and several suretiess for the second loan.

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