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(영문) 수원지방법원 2017.06.29 2016가단525257

대여금

Text

1. The Defendants jointly pay to the Plaintiff KRW 10 million, and Defendant B and C with respect thereto, respectively, from December 1, 2013.

Reasons

1. Facts of recognition;

A. On October 25, 2010, the Plaintiff leased KRW 10 million to Defendant B as of October 25, 201 and monthly interest rate of KRW 2%. Defendant C guaranteed Defendant B’s obligation to borrow loans.

B. The Plaintiff: (a) determined the maturity of KRW 10 million on December 4, 2010 to be KRW 1.5% on November 30, 201; (b) determined the maturity of KRW 10 million on January 3, 2011 to be KRW 1.5% on January 3, 2012; and (c) determined the maturity of KRW 10 million on January 26, 201 to be KRW 1.5% on January 25, 201 and interest to be KRW 1.5% on January 26, 201.

C. Defendant B and Defendant C paid only interest on each of the above loans until November 2013 and did not pay each principal and interest thereafter.

On July 25, 2015, Defendant D promised to pay to the Plaintiff the sum of the above loans to Defendant B and Defendant C up to December 31, 2015.

[Based on recognition] B between the plaintiff and the defendant: Each entry of the evidence Nos. 1 through 6 (Evidence No. 6 is recognized by the purport of the entire pleadings) and the purport of the whole pleadings, as a whole, under Article 150(3) of the Civil Procedure Act.

2. According to the above facts of recognition, the Defendants are jointly obligated to pay the Plaintiff interest at the rate of 24% per annum, which is the interest rate from December 1, 2013 to the date of full payment, which is the date following the last payment, and Defendant D is obligated to pay the interest at the rate of 24% per annum from January 1, 2016 to the date of full payment. In addition, Defendant C and D jointly have the obligation to pay the Plaintiff interest at the rate of 18% per annum, which is the agreed rate from December 1, 2013 to the date of full payment, and Defendant D is obligated to pay the above interest at the rate of 18% per annum from January 1, 2016 to the date of full payment.

As to this, Defendant C borrowed money from the Plaintiff, but it has to pay the money after the discharge of the Plaintiff.