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(영문) 서울남부지방법원 2021.01.20 2020가단201617

대여금

Text

1. The defendant shall pay to the plaintiff KRW 40,000,000 as well as 0.7% per annum from February 12, 2020 to January 20, 2021.

Reasons

The Plaintiff: (a) lent KRW 40,000,00 to C on May 28, 2015; and (b) drafted a monetary loan certificate as set forth by C on May 28, 2017 with interest accrued to the Defendant, who is an infant of C, as a joint guarantor; (c) the Plaintiff is obligated to pay the said money as a joint guarantor of C’s joint and several surety (the certificate No. 1; hereinafter the same shall apply).

The defendant asserts that the loan of this case was either prepared or the loan of this case was not jointly and severally guaranteed.

According to the evidence evidence No. 1 of this case, the defendant signed at the bottom of the loan certificate of this case and entered the defendant's resident registration number and address at the bottom of the defendant's resident registration number and address. The above statement was also stated upon C's request. Thus, unless there are special circumstances, the defendant also guaranteed C's obligation with entry of the loan certificate of this case.

Therefore, the defendant is obligated to pay to the plaintiff 40 million won and the amount of 0.7% per annum from February 12, 2020 to January 20, 2021, and 12% per annum from the next day to the day of full payment. The plaintiff's remaining claims are without merit.