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(영문) 전주지방법원 2014.01.15 2011가단42913

대여금 등

Text

1. Defendant D shall pay to the Plaintiff KRW 33,00,000 as well as 30% per annum from October 12, 2002 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Fact-finding 1) The Plaintiff: (a) determined on June 4, 2002 as interest rate of KRW 5,00,000 per annum; (b) 60% per annum; and (c) July 4, 2002; (b) determined on August 18, 2002 as interest rate of KRW 5% per annum; (c) 70% per annum; and (d) on October 11, 2002, the repayment period of KRW 18,00,000 per annum; and (e) lent each of the above loans (hereinafter collectively referred to as “the instant loan”); and (e) determined as “the instant loan certificate” with each of the above loans written therein.

(2) On September 14, 2002, Defendant D provided a joint and several surety with the instant loan obligations against the Plaintiff by a notary public on behalf of the Defendants, with the interest rate of KRW 15,000,000 per annum and delay damages, and the due date of payment on September 15, 2002. Defendant D provided a joint and several surety against the Plaintiff. Defendant D provided a joint and several surety with the foregoing loan obligations against the Plaintiff. In the event that the Defendants fail to perform their monetary obligations, the notarial deed No. 2039 was drawn up on October 2, 2002, with the agreement of monetary loan loan agreement No. 2039, which was signed on September 14, 2002, with the agreement of KRW 15,000 on June 4, 200, the Defendants provided a joint and several surety with the interest rate of KRW 200,000 per annum and KRW 20,700,000 per annum, respectively.

【No dispute over the basis of recognition”, Gap evidence Nos. 1 and 3 (in accordance with the result of each loan certificate and appraiser E’s stamp image appraisal, it is assumed that the entire document is authentic because the following stamp image is recognized by the defendant B’s seal imprint), 2, 4, 5, and 6 (in addition, the number of pages is included; hereinafter the same shall apply).