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(영문) 전주지방법원 2015.02.17 2014나3408
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

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

Reasons

1. On June 25, 2008, the Defendants: (a) prepared and delivered a loan certificate with the following content to the Plaintiff (hereinafter “instant loan certificate”).

I have the honor to borrow the above amount from the plaintiff on June 25, 08 and to accept the repayment not later than November 25, 08. If I have not fulfilled the commitment, I have the honor to clarify that I will not object even if I have legally filed a complaint.

On June 25, 088, the fact that there is no dispute over Defendant B’s guarantor C [based on recognition], entry of Gap evidence No. 1

2. In light of the above facts, unless there is any clear and acceptable proof that the authenticity of a disposal document is established, the court shall recognize the existence and content of the expression of intent as stated in the disposal document (see, e.g., Supreme Court Decision 2004Da67264, 67271, May 13, 2005). Under the above basic facts, Defendant B is a debtor, barring special circumstances, and Defendant C is liable to pay as a guarantor a loan of 7 million won to each of the plaintiff as a guarantor, and 5% per annum from November 26, 2008 to the delivery date of the original copy of the instant disposition order, and 20% per annum from the next day to the delivery date of the original copy of the instant disposition order from November 26, 2008 to the full payment date.

The Defendants asserted that the Plaintiff did not remit money to the Defendants on the following day on the face of preparing the instant loan certificate. However, the Defendants stated that “Defendant B borrowed KRW 7 million on June 25, 2008” in the loan certificate of this case, and leased only the loan certificate to the Defendants, who were unaware of the date on which the loan certificate of this case was issued, in order to receive only the loan certificate.

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