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(영문) 전주지방법원 2017.06.23 2016가단3302
대여금
Text

1. The Plaintiff:

A. Defendants B, C, D, E, F, and G are jointly and severally liable for KRW 121,00,000 and shall be fully repaid from June 1, 2015.

Reasons

1. Basic facts

A. On February 23, 2015, Defendant B, who was leading to financial transactions with the Plaintiff, prepared and delivered a loan certificate (Evidence No. 1) stating KRW 140 million, interest rate of KRW 20 million (payment on December 30, 2015), and the due date of repayment as of December 30, 2015 to the Plaintiff.

The joint and several surety of this loan certificate is signed and sealed by Defendant C, D, E, F, G, H, and I.

(B) Defendant C, D, E, F, and G recognize the authenticity of the name and seal affixed in the column of joint and several sureties.

On May 2, 2015, Defendant B prepared a written confirmation (Evidence 2) stating that “The Plaintiff shall pay KRW 19 million out of total KRW 140 million, and the remainder KRW 121 million shall be repaid up to December 31, 2015.” (Evidence 2) to the effect that “The Plaintiff shall be paid up to December 31, 2015.”

[Ground of recognition] Gap evidence Nos. 1 through 7, Eul evidence Nos. 4, 5, and 6, the purport of the whole pleadings (the defendant asserts that Gap evidence No. 2 was forged, but it can be acknowledged that the appeal is made by considering the results of the request to the appraiserJ for written appraisal and the purport of the whole pleadings)

2. The parties' assertion

A. After settling a monetary transaction with the Plaintiff and the Defendant B, the Plaintiff received a loan certificate (Evidence A1) from the Defendant, and the remainder Defendants signed and sealed the loan certificate as joint and several sureties.

After June 1, 2015, Defendant B paid the principal of KRW 19,000,000 and some interest, but did not pay the principal as well as the interest after June 1, 2015.

B. Defendants 1) around February 2015, upon requesting the Plaintiff to lend KRW 180 million, Defendant B prepared and delivered a loan certificate (Evidence 1) but the Plaintiff did not pay the loan. Rather, the Plaintiff demanded the Plaintiff to pay the previous debt first. Defendant B settled settlement of KRW 93 million against the Plaintiff on April 13, 2015 and April 15, 2015. Thereafter, the Plaintiff paid KRW 20 million on several occasions including deposit of KRW 17 million on April 15, 2015.

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