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(영문) 춘천지방법원강릉지원 2015.04.28 2014가단6653

대여금

Text

1. The plaintiff

A. Defendant B: 50,850,000;

B. Defendant C is jointly and severally liable with Defendant B.

25. 25. 2

Reasons

1. Determination as to the cause of claim

A. On August 16, 2012, the Plaintiff lent KRW 40,000 to Defendant B at an annual interest rate of KRW 24,00,000, and due date of reimbursement on August 16, 2013. Around that time, the Plaintiff jointly and severally guaranteed each Defendant B’s above loan obligation with respect to KRW 25,00,000 for the Plaintiff, while Defendant D guaranteed each Defendant B’s above loan obligation with respect to KRW 10,00,000 for KRW 10,000. 2) On December 12, 2012, the Plaintiff leased KRW 15,00,000 to Defendant B at an annual interest rate of KRW 24,00 and due date of reimbursement on January 13, 2013.

3) On March 13, 2013, the Plaintiff loaned KRW 10,000,000 to Defendant B at an annual interest rate of 24%, and due date of reimbursement on June 13, 2013. 4) The Plaintiff received respectively KRW 9,150,000 from Defendant B around March 2013, and around October 2013.

[Ground of recognition] B B B B: The Plaintiff and Defendant C and D under Article 208(3)3 of the Civil Procedure Act (by service by public notice)

B. According to the above facts of determination, Defendant B is jointly and severally liable with Defendant B to pay 50,850,000 won (=65,000,000 won) out of the total of 65,000,000 won of the above loans (15,000,000 won) plus 14,150,000 won of the above loans (=65,000,000 - 14,150,000 won - 14,150,000 won), among the above amounts, Defendant C is jointly and severally liable to pay 25,00,000 won of the joint and several surety amount, Defendant D is jointly and severally liable to pay 10,000,000 won of the above loans, from December 18, 2014 following the day on which the copy of the complaint is served to Defendant C within the scope of 20,2914 to the next day following the day on which the complaint is served to Defendant C28, as the next day.

2. Determination as to Defendant C and D’s assertion

A. Defendant C’s assertion and its determination on the assertion of Defendant C, and one of them, shall (1) borrow 25,000,000 won from Defendant B on June 29, 2012, and all of them to Defendant B.