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(영문) 서울중앙지방법원 2017.07.13 2015가단104242
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 30 million from September 20, 2007 to September 15, 2015.

Reasons

1. Basic facts

A. Defendant D is a joint representative of Co., Ltd. E (the opening date: July 31, 2002; the closing date: March 31, 2005; hereinafter “E”) with the business of packing motor vehicle parts, etc., and Defendant B and C are workers who worked in E at the time of 2004.

B. Defendant B and C borrowed KRW 30 million to the Plaintiff and agreed that the interest (bank interest rate) shall be repaid by the end of each month, and the principal shall be repaid by November 5, 2005. When the interest is overdue for not less than one month, no objection is raised even if all the principal and interest are claimed at any time. Defendant C prepared a certificate of money borrowed on November 5, 2004 with the content that Defendant B shall jointly and severally guarantee the above obligation to the Plaintiff.

C. The Plaintiff transferred each transfer of KRW 10 million to the account in the name of F (Defendant B’s wife), KRW 10 million on Nov. 1, 2004, KRW 10 million on Nov. 5, 2004, KRW 10 million on Nov. 1, 2004, and KRW 10 million on Nov. 12, 2004.

[Ground of recognition] Facts without dispute, part of witness G testimony, Gap evidence 1, Gap evidence 5-1 through 3, Gap evidence 6, the purport of whole pleadings

2. According to the above basic facts, witness Eul's testimony, witness Eul's testimony, Gap evidence 4 (the defendant D's statement of monetary rent, appraiser H's writing testimony, and the defendant D's name and address recognized as the penology of the defendant D are stated, the authenticity of the entire document is presumed to be established), and according to the whole purport of the pleadings, defendant B and Eul, an employee of Eul, decided to borrow 30 million won from the plaintiff as funds to manufacture a wooden set from the plaintiff, and decided to repay 30 million won to the plaintiff until November 5, 2005. The defendant Eul, a joint representative of Eul, prepared a monetary rent certificate as of November 5, 2004 and prepared a monetary rent certificate as of November 5, 2004 with the purport that the defendant D also borrowed 30 million won to the plaintiff as of November 5, 2004, and the defendants of this case are jointly and severally accepted.

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