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(영문) 대구지방법원 2019.07.18 2018가합207414

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 560,000,000 and the interest rate thereon from August 29, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff remitted money of KRW 43 million on June 13, 2017 to the new bank or Daegu bank account under the name of D, KRW 50 million on June 16, 2017, KRW 49 million on July 14, 2017, KRW 9 million on July 18, 2017, KRW 8 million on August 17, 2017, KRW 300,000 on August 25, 2017, KRW 17.7 million on August 25, 2017, KRW 201.7 million on September 5, 2017, KRW 201.7 million on September 1, 2017, KRW 200,000 on September 1, 2017, KRW 200,000 on September 26, 2017, KRW 17.7 million on September 200,2017.

B. On August 2, 2018, the Plaintiff and Defendant B drafted a loan certificate (hereinafter “the instant loan certificate”) with the following content, and Defendant C, who is a matrimonial partner of Defendant B, signed the instant loan certificate as the guarantor.

The next certificate of use;

1. Principal: Oral million won; and

2. Date of repayment: 24% per annum;

4. Time to pay interest: The second day of each month.

5. Loss of benefit of time: The obligor shall lose the benefit of time if he fails to pay interest once even if such payment is made.

If a creditor requests the principal and interest even before the due date, the debtor shall, without objection, decide to repay the principal and interest.

The debtor borrowed the above money under the above conditions.

The fact that there is no dispute over the debtor B and the guarantor C creditor A [based], each entry of Gap evidence Nos. 1 and 7 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Determination

A. The gist of the Plaintiff’s assertion (i.e., the Plaintiff’s assertion) lent several monetary amounts to Defendant B, repaid some of them, and settled the principal and interest of the loan up to the time with Defendant B on August 2, 2018 as KRW 560 million, and Defendant C jointly and severally guaranteed the above obligation of Defendant B.

Therefore, the defendants are jointly and severally liable to pay 560 million won and damages for delay.

The Defendants alleged to be the Defendants have received KRW 560 million from the Plaintiff.