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(영문) 광주지방법원 2020.12.18 2019가합1512
대여금
Text

The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate from September 13, 2018 to the day of full payment.

Reasons

In fact, in October 2017, Defendant B, the father of Defendant B, sought the Plaintiff, and requested to lend money to Defendant B to the Plaintiff that “If it is necessary to obtain the certificate of balance of the company of E Co., Ltd. (hereinafter “E”), an incorporated agricultural company (hereinafter “E”) operated by son, the Plaintiff would immediately obtain the loan, and the Plaintiff received the loan certificate of KRW 600 million from Defendant B to Defendant B as the debtor after lending the loan of KRW 600 million.

On November 30, 2017, Defendant B paid to the Plaintiff KRW 300 million out of KRW 600 million, and the remainder of KRW 300 million (hereinafter “instant loan”) decided to prepare a loan certificate with Defendant B’s obligor, Defendant C, and F as joint and several sureties.

Around that time, the Plaintiff, who was traveling abroad, requested G to receive a loan certificate, etc., and D at D’s office around December 14, 2017, appears to have prepared a loan certificate on behalf of Defendant B.

Defendant C and G prepared the following loan certificates (hereinafter referred to as “the loan certificates of this case”).

Interest on January 31, 2018: Method of payment by 2% per month: Payment by the creditor on the 31st day of each month.

In the following cases, when an obligor and a joint guarantor violate the provisions of this Agreement and the provisional seizure, compulsory execution, bankruptcy, or compromise, (a) the obligor and a joint guarantor violate the provisions of this Agreement and any other provisions of this Agreement, the lawsuit on the above claim shall be instituted at the domicile of the obligee. The joint guarantor shall guarantee this obligation and be liable for the performance of joint and several obligations with the obligor on November 2, 2017. The loan certificate of KRW 600 million written by E and the obligor shall be null and void. The obligor: (a) a joint and several surety: (a) a joint and several surety has taken the instant loan certificate of this case and sent the photograph (Evidence 1 to the Plaintiff; (b) a copy of the instant loan certificate of this case was retained, and (c) a joint and several surety held it to the Plaintiff.

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