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(영문) 서울남부지방법원 2019.11.26 2019가합108696

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 372,00,000 and KRW 200,000 among them, from May 1, 2019.

Reasons

1. Basic facts

A. The Defendants borrowed KRW 200 million, and prepared a loan certificate stating that the repayment of the amount shall be made on December 31, 2005 (hereinafter “the loan certificate of this case”) and delivered it to the Plaintiff.

B. On April 4, 2018, the Plaintiff: (a) around March 30, 2005, the Defendants borrowed KRW 200 million from the Plaintiff on the repayment date on December 31, 2005, with interest rate of KRW 1.5%; (b) paid the agreed interest on deposit in the bank account for 2009; (c) however, the agreed interest was deposited in the bank account for 3 months in 2010, KRW 9,000,000, KRW 12,000,000 for 4 months in 2012, KRW 27,000,000 for September in 2013, KRW 36,000 for 36,000,000 for December in 2014, KRW 00 for 00,000 for 200,000 for 201,000 for 2010,000 for 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of KRW 372,00,000,000 (i.e., principal KRW 200,000,000,000) and damages for delay calculated at the rate of KRW 12% per annum, which is the agreement rate from May 1, 2019 to the date of full payment.

As to this, Defendant B did not borrow money, and the obligor considered as Defendant C. However, as long as the loan certificate of this case includes Defendant B and the Defendant B’s seal is affixed, it can be recognized as being borrowed from the Plaintiff as the same as the above loan certificate, and there is no other evidence to acknowledge the assertion of Defendant B.

3. The plaintiff's claim of this case is reasonable and acceptable.