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(영문) 창원지방법원진주지원 2020.08.04 2019가합12964

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 310,000,000 won and each month from September 28, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent a total of KRW 360,500,000 to Defendant B as indicated in the following table, and thereafter, the leased principal was paid in full of KRW 50,500,000, and the leased principal remains in KRW 310,000.

The account transfer of KRW 230,00,000 from the account transfer of KRW 70,00,000 on December 23, 2018, 205, including the amount repaid on the first day of 13, 2018, and paid in cash of KRW 25,000,000 on March 23, 2018; and the account transfer of KRW 50,000,000 on November 13, 2018; and the account transfer of KRW 50,000,000 on December 10, 203, 2018; and the account transfer of KRW 66,50,000 on November 25, 2019; KRW 750,000,000 on KRW 360,50,000 on May 30, 205; and

B. Accordingly, on August 27, 2019, Defendant B prepared a loan certificate of KRW 310,000,000 of the above remaining loan principal, with the agreed interest rate of KRW 3,58,000 per month, and the due date of repayment on January 31, 2020 (10,000,000 out of the principal amount on August 30, 2019, and KRW 20,000,000 out of the principal amount on September 30, 2019, and the remaining amount of KRW 280,00,000,000 out of the principal amount on January 31, 2020, and Defendant C jointly and severally guaranteed the above debt of Defendant B.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 310 million of the remaining loan principal, and damages for delay calculated at the rate of KRW 3,558,00,00, which is the agreement from September 28, 2019 to the date of full payment, which is the date of payment of interest payment, from September 28, 2019 to the date of full payment

B. The Defendants alleged that they borrowed money from the Plaintiff; however, they asserted that the amount actually borrowed is not KRW 310 million,00,000,000,000,000 from the Plaintiff, but Defendant B viewed that the remainder of the loan principal remaining after Defendant B borrowed from the Plaintiff was KRW 310,000,000,000,000,000,0

The defendants are asserting that the amount actually borrowed is different from the remaining loan principal claimed by the plaintiff.