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Reasons
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(영문) 전주지방법원 2017.11.02 2016나11984
청구이의
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointed C (hereinafter “Appointed”) and the Defendant agreed to borrow KRW 15,00,000 from the Defendant at an interest rate of KRW 25% per annum and the due date of repayment on February 25, 2016, respectively. The Plaintiff drafted a loan certificate on June 22, 2015 (hereinafter “the instant loan certificate”).

B. On June 23, 2015, the notarial deed (hereinafter “notarial deed of this case”) was prepared by No. 367 of 2015, 2015 with the content of the notarial deed as the obligor, and the notary public with the content of the Plaintiff as the joint and several sureties, and the said notarial deed was accompanied by the documentary evidence as the cause document.

C. The Defendant: (a) KRW 10,000,000 on June 23, 2015 to the credit union account under the name of the Selection;

6. 24. 3,000,000

7.1 November 2, 190 2,000,000

8. 10.2,300,000 won in total were remitted respectively. D. 17,300,000 won.

Plaintiff

1,600,000 won on July 2, 2015, from the account in the name of a selected person;

7.7.1,600,000 won;

7.13.2,00,000 won;

7.17.1,200,000

7.23.1,500,000

8.26.4,800,000 won;

8. 28. 300,000 won, 50,000 won on October 10, 10, 10. 60,000 won on October 13, 10, 10. 13. 1,100,000 won on October 23, 10, 12. 80,000 won on December 8, 201, and total of KRW 1,100,000 on February 5, 2016, were remitted to the Defendant, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Summary and key issues of the assertion;

A. A. Around June 23, 2015, the Plaintiff entered into a monetary loan agreement with the Defendant to borrow KRW 15,000,000 from the Defendant. The Plaintiff agreed to provide a joint and several surety for the Defendant’s above loan obligation, and accordingly, the instant Notarial Deed was prepared.

Plaintiff

In addition, the designated parties repaid the principal and interest obligation under the said monetary loan agreement on several occasions from July 2, 2015 to August 12, 2016.

B. Defendant E is around June 23, 2015.

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