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(영문) 춘천지방법원영월지원 2020.03.12 2019가합52

대여금

Text

1. Defendant B shall pay KRW 30 million to the Plaintiff KRW 12% per annum from October 2, 2019 to the date of complete payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Since the provisions on statutory interest rate in the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings against Defendant B was amended on March 3, 194 of the Civil Procedure Act, the part on claim for damages for delay exceeding 12% per annum is without merit.

The Plaintiff asserted that Defendant C had jointly and severally guaranteed the Defendant C’s debt, but considering the circumstances such as the amount of joint and several surety (Evidence 3-1) named by Defendant C is different from the amount of the loan certificate (Evidence 2-1) prepared by the Defendant B Co., Ltd., and the date on which the said joint and several surety was prepared is earlier than the above loan certificate, it is not sufficient to recognize that the said joint and several surety was the contents of the Defendant B’s debt of KRW 300 million as the joint and several surety, and there is no evidence to acknowledge otherwise.

In addition, it is not sufficient to recognize the existence of other loans than the loan of this case only with the above joint and several surety, and there is no other evidence, and the claim against Defendant C is rejected as it is without merit.