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(영문) 광주지방법원 2015.07.22 2015가단506173

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 27,004,977 and the interest rate of KRW 28.9% per annum from October 15, 2014 to the date of full payment.

Reasons

1. The Plaintiff loaned 48 million won to B on March 6, 2013 at an interest rate of 16.9%, delay damages rate of 28.9%, and 36 months after the due date for payment. The Defendant jointly and severally guaranteed the obligation of the above loan to the Plaintiff; B consented to the loan transaction basic terms and conditions; B lost the benefit of time in violation of the loan transaction basic terms and conditions; B lost the benefit of time; and B lost the benefit of time on October 14, 2014, the fact that the unpaid principal amount reaches KRW 27,04,977 as of October 14, 2014 is either disputed between the parties or recognized by the evidence set forth in subparagraphs 1 through 4.

According to the above facts, the Defendant, as a joint and several surety for the above loan obligation, is obligated to pay the Plaintiff the amount of KRW 27,004,977, which is due and payable to the Plaintiff, and damages for delay at the rate of 28.9%, which is the rate of delay damages, from October 15, 2014 to the date of full payment, from the day following the day of loss of the above-term interest.

2. Judgment on the defendant's defense

A. The defendant asserts that he had guaranteed the principal debtor Eul, not B, but C, and if the defendant asserts that the above assertion is revoked as a declaration of intention by mistake, the fact that the defendant's seal impression is affixed after the defendant's name was the defendant, is presumed to have been established as a whole in the document, since there is no dispute between the parties. If the defendant's above assertion was forged, there is no evidence to acknowledge it, and the defendant's defense is not reasonable) according to the statement of "the principal debtor and the debtor", the name of B is stated in "the principal debtor and joint guarantor" and the fact that the defendant's name is stated in "the joint and several guarantor" can be recognized. Thus, the defendant concluded the above joint and several guarantee contract with the knowledge that the principal debtor is not B, and as otherwise alleged by the defendant, the defendant concluded the above joint and several guarantee contract with the knowledge that the principal debtor is not B, as