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(영문) 부산지방법원 2016.06.02 2015나13093

대여금

Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs incurred after the appeal are filed by the Plaintiff.

Reasons

1. Determination as to the claim for the first loan (i.e., partial claim);

A. The Plaintiff claimed the parties (i.e., the Plaintiff loaned KRW 10 million on May 10, 2005 under the joint and several surety of the Plaintiff Appointor C, D and Appointor E as 3% per interest month (hereinafter “loan on May 10, 2005”); and on June 25, 2005, under the joint and several surety of the Defendant and Appointor E, KRW 10 million due date for repayment and 2% per interest month.

hereinafter referred to as "loan 1"

A. The Plaintiff was paid KRW 8.5 million to the Selection C on January 10, 2006, and the Plaintiff was paid interest on the loan from May 10, 2005 until October 2006 and interest on the first loan until June 2006.

After that, the Plaintiff received 16 million won, which is the sum of 16 million won, from April 28, 2008 to August 30, 201, from the Appointor C, as indicated below, for repayment of each of the above loans, from April 28, 2008 to August 30, 201. This is applied to the principal and interest of each of the above loans as of August 30, 201 in sequential order, and then the principal of the first loan remains 7,891,064 won.

Therefore, the defendant and the designated parties are jointly and severally liable to pay the remaining principal of the first loan to the plaintiff KRW 7,891,064 and damages for delay.

The debt repayment date 1.2 million won 2.2 million won on April 28, 2008 20 million won on May 9, 2008 30 million won on September 30, 2008 30 million won on September 31, 2008 4.5 million won on October 30, 309 6.0 million won on October 31, 30, 201 7 million won on December 31, 2010 7.2 million won on August 30, 201, Defendant C was paid to the Plaintiff in addition to the debt repayment amount the Plaintiff was paid in full from May 10, 2005 and from May 10, 2007 1 to May 27, 2005 205, respectively. < Amended by Act No. 10674, Oct. 30, 2005; Act No. 10681, Aug. 30, 2007>

B. Comprehensively taking account of the overall purport of the arguments in each statement of evidence Nos. 3 and 4, the Plaintiff is 3% interest per month on May 10, 2005 with D and E’s joint and several sureties’s guarantee.