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(영문) 수원지방법원안양지원 2019.07.18 2018가합96

대여금

Text

1. The Defendants amounting to KRW 269,00,000 for each Plaintiff and KRW 15% per annum from August 3, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 16, 2007, the Plaintiff lent KRW 160,000,000 to Defendant D with interest rate of KRW 0.75% per month and due date of payment on December 31, 2007 (hereinafter “instant first loan”). Defendant C and B guaranteed Defendant D’s first loan obligations on the same date.

B. On August 17, 2007, the Plaintiff lent KRW 109,000,000 to Defendant D with interest rate of KRW 0.75% per month and due date of payment on December 31, 2007 (hereinafter “instant second loan”). Defendant C and B guaranteed Defendant D’s secondary loan obligations on the same date.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant D is liable to pay to each Plaintiff the principal debtor of the instant loan obligation, Defendant C and B, as the principal debtor of the instant loan obligation, the principal debtor of the instant loan obligation, the principal debtor of the instant loan obligation of KRW 160,00,000,000, and the principal debtor of the instant loan obligation of KRW 109,000,000, in total, KRW 269,000,000 ( = 160,000,000, KRW 109,000) and damages for delay calculated at the rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 3, 2018 to the date of full payment.

(1) The Defendants are jointly and severally liable to pay the loan obligations under Articles 1 and 2 of this case. However, the Defendants are jointly and severally liable to pay the loan obligations under Articles 1 and 2 of this case, since the nature of the above obligations against the Plaintiff is not a joint and several obligation, the Defendants are liable to pay the loan obligations under Articles 1 and 2 of this case to each Plaintiff.