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(영문) 서울중앙지방법원 2016.07.15 2015가단206476
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 7, 2008, the Defendants issued promissory notes jointly with the Plaintiff at the face value of KRW 54,600,000, interest rate of KRW 6%, and the borrower at the face value of KRW 54,60,000, at the face value of KRW 54,600,000.

In addition, on January 7, 2008, the Defendants signed a loan agreement stating that the loan amount of KRW 54,600,000 on January 7, 2008, the date of installment repayment, the date of installment repayment, and the date of loan contract on April 15, 2008 as the obligor, Defendant C signed as the joint guarantor, and Defendant C signed as the joint guarantor, respectively. Defendant B written “this amount is in cash,000,000 won on the basis of the remarks column of the above contract.” Accordingly, I write the certificate of loan. There is no compulsory letter of loan, and the above contents are not forced.”

At the time, the Defendants issued a certificate of personal seal impression to the Plaintiff on January 7, 2008.

B. On January 7, 2008, Defendant B borrowed KRW 54,600,00 to the Plaintiff, and Defendant C made a letter of payment stating that “The Plaintiff will be held liable as a guarantor,” and Defendant B made and signed a letter of payment to the Plaintiff that “The Plaintiff will pay KRW 54,600,000 to the Plaintiff from January 7, 2008,” and Defendant C signed as a joint and several surety.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff lent KRW 41,00,000 to the defendant B in cash. The defendant C jointly guaranteed the above loan obligations. Accordingly, the defendants prepared the above loan certificate, promissory note, loan contract, note, and note of payment to the plaintiff by the plaintiff.

Therefore, the Defendants jointly and severally pay to the Plaintiff KRW 56,400,000 and interest or delay damages thereon.

B. The Plaintiff’s assertion by the Defendants did not lend money to the Defendants on January 7, 2008, and the above.

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