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(영문) 서울남부지방법원 2018.05.10 2017나4428

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On July 5, 2010, the Plaintiff lent D KRW 50,000,00 to D at the interest rate of 2% per month and on May 31, 2011.

B. On September 17, 2010, the Defendant agreed between the Plaintiff and D to guarantee the payment of the above loan obligation to the Plaintiff, and accordingly, prepared and delivered the loan certificate to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 (the same as Eul evidence 1-1), Eul evidence 3, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 50 million won and damages for delay calculated at the rate of 20% per annum with the plaintiff within the scope of the above agreement from January 26, 2014 to the day of complete payment, which is the day following the delivery of a copy of the complaint sought by the plaintiff, pursuant to the above guarantee agreement.

3. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed as it is without merit.