logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원영덕지원 2015.09.22 2014가단2179
대여금
Text

1. The Defendants are jointly and severally liable for 823,069,396 won and 514,871,948 won among them to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 27, 201, the Plaintiff entered into a loan agreement with C, a loan of KRW 850,000,000 for a loan, a general loan for a loan, a loan with a fixed interest rate fluctuation rate (hereinafter “instant loan agreement”) on July 27, 201 and July 27, 2013.

B. On July 27, 2011, the Plaintiff entered into a guarantee agreement with the Defendants 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 514,871,948 won for the principal not repaid among the loans, and unpaid interest is 308,197,448 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 Plaintiff’s cause of claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 823,069,396 (i.e., principal KRW 514,871,948) (i.e., interest in arrears of KRW 308,197,448) and damages for delay calculated at the rate of KRW 514,871,948 per annum from May 27, 2014 to the date of full payment.

3. Judgment on the defendants' assertion

A. The gist of the assertion is that the actual principal debtor of the instant loan contract is D, and C has concluded the instant loan contract formally without the intention to actually bear the obligation, and thus the instant loan contract and the instant loan contract 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 the loan-related documents, such as a monetary loan agreement, etc., the third party indicates that he/she is the debtor of the loan for consumption, and the third party evades the provisions such as the lending restriction set by the financial institution.

arrow