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(영문) 수원지방법원 2018.07.04 2017가합1373

대여금

Text

1. The Plaintiff:

A. Defendant B’s KRW 273,636,640 as well as 5% per annum from April 27, 2017 to July 4, 2018.

Reasons

Basic Facts

From September 5, 2014 to June 14, 2016, the Plaintiff registered credit business and operated credit business in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).

On October 10, 2014, 200, 200,000 won on October 10, 2014, 205, 200,000 won on October 22, 2015, 200,00 won on December 31, 2014, 200,00 won on October 27, 2014, 200,00 won on May 10, 201, 205, 10.0,00 won on May 27, 201, 205, 10.0,000 won on May 11, 201, 205, 200, 200,00 won on May 24, 201, 200, 200 won on May 20, 2014.

Meanwhile, Defendant C jointly and severally guaranteed Defendant C’s obligation No. 10 of the Claim List No. 10.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 7, 8, and Eul evidence Nos. 1 and 2 (including serial numbers; hereinafter the same shall apply) and the result of each personal examination conducted by the plaintiff and defendant B, the purport of the entire pleadings as to the claim against the defendant B, barring any special circumstance, the defendant B is liable to pay to the plaintiff the amount borrowed from the claim list of this case and interest or delay damages calculated at the rate of 34.9% per annum, which is the highest interest rate stipulated by the Enforcement Decree of the Credit Business Act.

In this regard, Defendant B asserts that the money stated in Nos. 4 through 9 in the Claim List Nos. 4 through 9, for which the certificate or loan certificate was not written, is not borrowed.

In light of the above, the whole evidence of the court below is examined.