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(영문) 대구지방법원김천지원 2019.10.11 2018가합155

대여금

Text

1. The Defendant’s KRW 400,000,000 as well as the Plaintiff’s 24% per annum from October 1, 2015 to April 17, 2018, and the following.

Reasons

1. In full view of the statements in Gap evidence Nos. 1-1-9 and Gap evidence Nos. 2-7 and Eul witness's testimony, the following facts can be acknowledged:

The Plaintiff, on October 18, 201, lent to the Defendant KRW 5 million, and KRW 5 million on August 5, 201, at 2% of each interest month.

At that time, the defendant's husband D guaranteed the defendant's debt of 100 million won in total.

B. The Plaintiff loaned the Defendant’s husband D KRW 5 million on November 22, 2010, KRW 50 million on January 7, 2011, KRW 50 million on February 15, 2011, KRW 50 million on March 30, 201, KRW 50 million on May 11, 201, and KRW 5 million on July 2, 201 to the Defendant’s husband D, with interest rate of KRW 2% on July 2, 201.

At that time, the defendant jointly and severally guaranteed the debt amount of KRW 300 million in total from D above.

C. On November 25, 201, the Plaintiff determined 100 million won as interest rate of 2% per month and lent it to D.

D The Plaintiff on September 9, 2015.

loan amounting to KRW 100 million.

E. D died on February 8, 2018.

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the plaintiff the loan amount of KRW 300 million as the principal debtor and the joint and several sureties the loan amount of KRW 100 million in total.

3. The defendant's assertion regarding D's assertion that the qualified acceptance was made on D's inheritance, but the defendant's obligation to be borne by the principal debtor and joint and several sureties is not inherited from D, and the qualified acceptance does not affect the defendant's above obligation against the plaintiff.

The defendant's argument is without merit.

4. Therefore, the Defendant is obligated to pay to the Plaintiff the agreed rate of 24% per annum from October 1, 2015 to April 17, 2018, the delivery date of the application for the instant payment order, which is the date of delivery of the written application for the instant payment order, and the damages for delay calculated by 15% per annum from the next day to the date of full payment.

The plaintiff's claim is justified and accepted.