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(영문) 대구지방법원영덕지원 2015.09.22 2014가단2162
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 842,435,735 and KRW 526,986,581 among them, from May 27, 2014.

Reasons

1. Facts of recognition;

A. On July 27, 2011, the Plaintiff entered into a loan agreement with Defendant A, a loan of KRW 870 million, a general loan for the subject of loan, a loan agreement with a fixed interest rate fluctuation rate (hereinafter “instant loan agreement”) on July 27, 201 to grant a loan (hereinafter “instant loan agreement”).

B. On July 27, 2011, the Plaintiff entered into a guarantee agreement with Defendant B and the Plaintiff to jointly and severally guarantee obligations under the instant loan agreement.

(hereinafter “this case’s guarantee agreement”). (c)

As of May 26, 2014, the interest rate for delay under the instant loan agreement is 18.3%, and the interest for delay is 526,986,5815 won for the principal not repaid among the loans, and unpaid interest is 315,449,154 won.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 28 evidence (including each number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 842,435,735 (i.e., principal KRW 526,986,5815) (i.e., interest in arrears of KRW 315,449,154) and damages for delay calculated at the rate of KRW 526,986,5815 per annum from May 27, 2014 to the date of full payment).

3. Judgment on the defendants' assertion

A. The actual principal debtor of the instant loan agreement is C, and Defendant A concluded the instant loan agreement formally without the intention to actually bear the obligation, and thus, the instant loan agreement and the instant guarantee agreement are null and void as a false declaration of agreement.

B. In order to establish a false declaration of conspiracy, there must be an agreement between the other party and the other party as to the disagreement. If a third party directly puts his/her signature and affixes his/her seal on loan-related documents, such as a monetary loan agreement, etc., the third party itself indicates that he/she is the debtor of the loan for consumption, and the third party evades the provision of credit restrictions, etc. set by the financial institution.

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