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(영문) 창원지방법원 마산지원 2018.10.11 2017가단106513

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 120,000,000 and KRW 60,000 among them, from January 21, 2016.

Reasons

1. When considering the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 6, and 8 (including the number with each number) added to the whole purport of the pleadings, D shall set the interest rate of KRW 60,000,000 (hereinafter "the primary loan of this case") 2.5% on January 20, 2016 and the due date of payment as April 20, 2016 and lent KRW 60,000 (hereinafter "the second loan of this case") to Defendant B on March 22, 2016 as interest rate of KRW 2.2% on June 22, 2016, Defendant C shall return the loan of this case to Defendant D and the Plaintiff, Defendant D on September 21, 2016, and Defendant C shall return the loan of this case to the Plaintiff, Defendant 200, Defendant 100, Defendant 200, and Defendant 100, 2017.

Therefore, Defendant B and Defendant C, the principal debtor of each of the above loans, jointly and severally guaranteed by them, are jointly and severally liable to pay to the Plaintiff the interest or delay damages at the rate of 25% per annum, which the Plaintiff seeks from January 21, 2016, which was sought by the Plaintiff, for the amount of KRW 120,000,000 among the above loans and the amount of KRW 60,000,000 among the loans of this case, from January 21, 2016, and from March 23, 2016 to the date of full payment of each of the above loans.

2. The Defendants asserted to the effect that, on the premise that a person who lent the above money to Defendant B was D and E, the Plaintiff did not have the claim acquired from E, and even if the Plaintiff received the claim from E and filed the instant lawsuit, it was unlawful as it did not deviate from Article 87 of the Civil Procedure Act and Article 6 of the Trust Act that provides for the prohibition of discretionary litigation trust, which provides for the principle of attorney representation.

However, the defendant added the whole purport of the pleading to the statement of No. 6-1 to No. 4.