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(영문) 서울중앙지방법원 2016.02.04 2014가단5336436

대여금

Text

1. Defendant B shall pay 30,000,000 won to the Plaintiff and 24% per annum from January 30, 2006 to the day of full payment.

Reasons

1. The Plaintiff filed a claim against Defendant B on February 2, 200 and lent KRW 30,000,000 to Defendant B on January 30, 2006; Defendant B shall be paid KRW 30,000,000 to the Plaintiff on January 30, 2006 until July 30, 2006; however, there is no dispute between the parties to pay interest of KRW 24% per annum from January 30, 2006 to the date of full payment.

Therefore, Defendant B is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 24% per annum from January 30, 2006 to the date of full payment.

2. Claim against Defendant C

A. The Plaintiff’s assertion 1) on February 2, 2000, the Plaintiff lent KRW 30,000,000 to Defendant B on January 30, 2006, and Defendant C jointly and severally guaranteed the Defendant B’s above obligation. Defendant B, on January 30, 2006, paid the Plaintiff the above KRW 30,000,000 to July 30, 2006, and agreed to pay the Plaintiff interest of KRW 24% per annum from January 30, 2006 to the full payment date.

3) Therefore, Defendant C, a joint and several surety, is jointly and severally liable to pay the Plaintiff the interest or delay damages calculated at the rate of the above KRW 30,000,000 and the interest or delay damages calculated at the rate of 24% per annum from January 30, 2006 to the date of full payment. (B) The loan certificate (hereinafter “the loan certificate of this case”) as shown in the Plaintiff’s assertion.

A. The Plaintiff’s assertion is without merit, since it is difficult to believe that Defendant C guaranteed Defendant B’s debt owed to Defendant B, in light of the following circumstances acknowledged by comprehensively integrating the purport of the entire pleadings in each of the descriptions described in subparagraphs B through 8, 9-1, and 9-2:

The loan certificate of this case seems to have been drafted by the Defendants, on the basis that the two-day Systrua Co., Ltd. takes a discount from D, the promissory note in the face value of KRW 30,000,000, which was issued on February 2, 2000.

The loan certificate of this case seems to have been issued together with the above promissory note, and the joint guarantor.