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(영문) 대전지방법원 천안지원 2017.04.26 2016가단17251
대여금
Text

1. The defendant shall be jointly and severally and severally with C to the plaintiff KRW 30,000,000 and the interest thereon from March 15, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 1, 2015, the Defendant entered into a lease agreement between the lessor D, which is KRW 35,000,000, and the lease term from May 1, 2015 to May 1, 2017, with respect to KRW 401, among the E-ground houses in Ansan-si, Asan-si.

B. Around October 2015, the Defendant was expected to borrow money as security for lease deposit to D, and if the obligee finds D, the Defendant requested several times to prepare documents with consent thereto.

C. On October 14, 2015, the Plaintiff entered and issued a letter to the Plaintiff that “C, while living together with the Defendant, sought D, and D, as the owner of the building, approved the Defendant to borrow KRW 30,000,000 as security for the lease deposit, and, if the Defendant is unable to repay the loan, promised to repay the loan without objection within the scope of the lease deposit.”

On the same day, the Plaintiff transferred KRW 30,000,000 (hereinafter “the instant money”) to the deposit account in the name of C.

E. On the same day, C issued to the Plaintiff a monthly interest rate of 2% on the instant money, May 1, 2017, and the borrower’s Defendant and C with the seal affixed thereon (hereinafter “the instant loan certificate”).

[Ground of recognition] The evidence Nos. 1, 2, 3, 4, and Eul evidence Nos. 2, witness D, and C's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s claimed lease deposit was secured and lent KRW 30,000 to the Defendant.

B. The defendant's assertion has not borrowed the money of this case from the plaintiff or granted C the authority to act on behalf of the defendant.

C has, without authority, written a loan certificate under the name of the defendant and affixed the seal of the defendant, the defendant is not obligated to pay the money of this case to the plaintiff.

3. Determination

A. As seen earlier, the Plaintiff remitted KRW 30,000,00 to the deposit account in the name of C, and C affixed the seal of the Defendant on the instant loan certificate, and C affixed the seal to the instant loan certificate.

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