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(영문) 대구고등법원 2019.07.17 2018나24098
대여금등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 5, 2012, Defendant C lent the name of Defendant B, a middle school ship owner, and entered into a contract to acquire D’s assets (including management rights) and stocks and other rights (including ownership, management rights, etc. as to land and buildings) with D (hereinafter “instant hotel”) on September 5, 2012 (hereinafter “instant contract acquisition”) (hereinafter “instant acquisition”). The acquisition of the instant contract to take over KRW 12,700,000 (50,000 on September 5, 2012), intermediate payment of KRW 1,20,000,000 (the payment date) (the balance of the payment date), 11,000,000,000 on September 5, 2012) (hereinafter “the instant contract”).

B. On September 5, 2012, Defendant C issued, to E, a down payment and intermediate payment under the instant transfer agreement, a note note 800,000,000 won at face value, one promissory note number G with a face value of 700,000,000 won at face value, H, the date of payment on September 5, 2012, the date of payment on September 8, 2012, and one promissory note 2 (hereinafter “instant promissory note”).

The Promissory Notes of this case were issued by the Plaintiff who leased the hotel of this case from D and operated the wedding and restaurant. Defendant C received the Promissory Notes of this case from I, the representative director of the Plaintiff, and delivered them to E after receiving endorsement from Defendant B.

The Promissory Notes in this case were settled or recovered later by I.

C. The Defendants and the Plaintiff prepared two copies of the loan certificate (hereinafter referred to as “the loan certificate of this case”) as follows:

The amount of the Plaintiff’s certificate of borrowing: The bill number of KRW 800 million: To borrow the said amount G of Promissory Notes as F hotel deposit, down payment and intermediate payment.

On September 5, 2012, 2012, the amount of Defendant B’s Defendant C Loan certificate Plaintiff: KRW 700,000: Promissory note H H borrowed the said amount as F hotel down payment and intermediate payment.

September 5, 2012, Defendant B obligor C

D. The Defendants, around November 8, 2012, agreed with the Plaintiff and both parties.

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