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(영문) 전주지방법원 2018.09.19 2017가단19533

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 57,570,000 and the interest rate thereon from August 11, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 2013, the Plaintiff loaned 50,000 Mexico interest to Defendant B in Mexico currency at the rate of 3% per month. On January 10, 2014, the Plaintiff additionally determined and lent 500,000 Mexico interest rate of 3% per month.

B. On January 10, 2014, Defendant B prepared a loan certificate (Evidence A No. 1) with a loan of 1 million won, 3% per month interest on the Plaintiff, and Defendant B, the wife of Defendant B, guaranteed the Plaintiff’s debt to the Plaintiff.

C. From February 2015, the Defendants began to delay the payment of interest on the above loan certificate.

On the other hand, the defendants made several statements to the plaintiff that they would repay the above borrowed money, the agreement, and the letter of payment.

【Facts without dispute over the ground for recognition, entry of Gap evidence 1 through 7 (including branch numbers), the purport of the whole pleadings

2. According to the above facts finding, the Defendants are jointly and severally liable to pay Mexico 1 million won to the Plaintiff. As of September 5, 2018, the date of the closing of argument in the instant case, the exchange rate based on the trading base rate was 57.57 per page, which is significant in this court. As such, the Defendants are jointly and severally liable to pay to the Plaintiff 57,570,000 won (i.e., 1 million Mexico x 57.57 won x exchange rate x 57.57 won x the Plaintiff’s claim for the said foreign currency claim in Korean currency) and damages for delay calculated at the rate of 24% per annum from August 11, 2015 to the date of full payment.

3. Thus, the plaintiff's claim of this case against the defendants is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.