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(영문) 서울고등법원 2015.11.12 2014나2023858
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On September 7, 2012, A Co., Ltd. (hereinafter “A”) was declared bankrupt in Seoul Central District Court 2012Hahap96, and was appointed as a trustee in bankruptcy.

B. The prosecutor belonging to the Seoul Central District Prosecutors’ Office claimed a summary order of KRW 5,00,000 for the crime of forging private documents and uttering of investigation documents regarding the facts charged as stated in the [Attachment] by Seoul Central District Court Decision 2014 High Court Decision 25708.

C. Although F filed a request for formal trial with respect to a summary order issued as of December 4, 2014 by the said court under the Seoul Central District Court 2014 Go-Ma5626, the said summary order became final and conclusive on April 14, 2015 by withdrawing the said request as of April 14, 2015.

[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 19, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On September 28, 2007, A made an agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) to grant a loan of KRW 7.42 billion on March 28, 2008, interest rate of KRW 10% per annum, and interest rate of delay interest rate of KRW 25% per annum (hereinafter “instant loan agreement”). The above repayment date has been extended three times thereafter, and the repayment date has been extended on August 28, 201, and the last repayment date has been extended on August 28, 201, and Defendant B lost its interest on loans under the instant loan agreement from June 30, 201 to August 30, 201.

On the other hand, at the time of the instant loan agreement, Defendant C guaranteed the above loan obligations under the instant loan agreement at the time of extension of the repayment date on August 28, 2010.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount stated in the claims for loans, etc. under the instant loan agreement.

B. Even if the instant loan agreement constitutes a borrowed name loan, it constitutes a false representation of agreement.

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