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(영문) 인천지방법원 부천지원 2018.08.22 2018가단3542

대여금 및 보증채무금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 224,367,328 and KRW 94,884,398 among them.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, around June 15, 2011, defendant A borrowed 110,00,000 won from the plaintiff for 48 months of loans, interest rate of 18% per annum, interest rate of 29% per annum, and overdue interest rate of 29%, and defendant B guaranteed the above loan obligations to the plaintiff by the plaintiff. As of March 5, 2015, defendant A et al. failed to repay the above loan obligations, the above loan claims are 94,84,398,398, interest rate of 25,908,637, interest rate of 103,574,293 won remaining after the date of the argument. Accordingly, according to the above facts, the defendants jointly and severally liable to pay the plaintiff the above principal and interest interest rate of 224,367,328 won per annum, interest rate of 94,398,497,2989.37.38

In regard to this, Defendant A appears to have concluded the above loan contract by deception of Defendant B, and on this ground, there is no evidence to acknowledge it, and even if Defendant A concluded the above loan contract by deception, Defendant A may cancel its declaration of intent only when the other party knew or could have known such fact if the other party knew or could have known such fact.

Therefore, there is no evidence to acknowledge that the plaintiff knew or could have known the fact of deception, and the above defendant's above assertion is without merit.

Next, Defendant A seems to have asserted to the effect that, in light of the Defendant’s age, property status, etc., Defendant A is not capable of repaying the above loan obligation, but the above argument is apparent that the above ground of the Defendant’s assertion does not constitute justifiable grounds for refusing to discharge the above loan obligation. Therefore, the above argument is apparent.