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(영문) 창원지방법원 마산지원 2017.01.13 2016가단10257

대여금

Text

1. The defendant shall be the plaintiff.

A. Within the limit of KRW 26,000,000, KRW 5,349,821 and KRW 5,061,986 among them. < Amended by Presidential Decree No. 27520, Sep. 1, 2016>

Reasons

1. Basic facts

A. The Plaintiff lent money to B as follows:

Serial Amount (won) The interest rate delayed on August 2, 2005 6.46% per annum 15.46% per annum on August 2, 2016, 2016, the interest rate delayed on the date of lending 19,750,000 on August 2, 2005, 6.3% per annum 15.46% per annum on August 2, 2012

B. The Defendant jointly and severally guaranteed the Plaintiff’s loan obligation of KRW 26,000,00 for the first loan obligation of KRW 19,000,000 for the second loan obligation of KRW 19,00.

C. As of September 8, 2016, the unpaid balance of the loan No. 1 as of September 8, 2016 is KRW 5,061,986 and interest KRW 287,835 and the unpaid balance of the loan No. 2 is KRW 19,00,000 and interest KRW 839,329.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the above recognition, the defendant is a joint and several surety for the above loans set forth in B, and is obligated to pay to the plaintiff KRW 5,349,821 (= Principal KRW 5,061,986) within the limit of KRW 26,00,00 for the loans set forth in subparagraph 1 (= Principal KRW 5,061,986 and KRW 287,835) and interest for KRW 5,060 for the principal of KRW 5,06,986 from September 9, 2016 to the date of full payment, and KRW 15.46% per annum for the delayed interest rate for the loans set forth in subparagraph 2, and KRW 19,00,000 for the loans set forth in subparagraph 2.

In regard to this, the defendant asserted that B, the principal debtor, repaid all of the above loans, but there is no evidence to acknowledge the above assertion, and thus, the above defense is rejected.

3. citing the Plaintiff’s claim for conclusion