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(영문) 대전지방법원 2017.09.26 2017가단206127

양수금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 43,342,490 and KRW 23,002,92 among them, from March 28, 2015.

Reasons

Facts of recognition

A. C on April 26, 2008, 23,50,000 won from Aju Capital Co., Ltd. were loaned 36 months of loan, 18% of interest per annum, 29% of interest per annum, and 1/10 of interest per annum on repayment method, and if the unpaid amount exceeds 1/10 of the borrowed amount without paying monthly installments on more than two occasions, it was given a loan by stipulating that it shall lose the benefit of time.

In addition, the defendants jointly and severally guaranteed C's loan obligations against Aju Capital Co., Ltd.

B. C lost the benefit of time due to the failure to pay monthly installments properly, and as of March 27, 2015, the remaining principal was 23,002,920 won, and the interest accrued or delayed payment damages were 20,339,570 won.

C. During the period from March 25, 2015 to December 27, 2015, the above loans were transferred to the Plaintiff via the Gai Capital Co., Ltd., and the said three companies were jointly notified of the transfer of claims to the Defendants at that time.

[Ground of recognition] 7 evidence No. 7 (No. 12-1 and image of evidence No. 12-1) is recognized as being by Defendant B’s seal, and the authenticity of the entire document is presumed to be established. Defendant B is presumed to have been forged by her husbandD, but there is no evidence to acknowledge it), Gap evidence No. 8 through 11, Gap evidence No. 12-1 through 4, and Gap evidence No. 13, and the purport of the whole pleadings and arguments, according to the above facts of recognition, the defendants, a joint guarantor, are jointly and severally obligated to pay the Plaintiff, the transferee of the above loan, with the remaining principal and interest of the loan amount of KRW 43,342,490 (=23,02,920 won, KRW 20,339,570) and damages for delay from March 28, 2015 to the date of full payment.

The Plaintiff claimed damages for delay from March 27, 2015, but the damages for delay until March 27, 2015 are already KRW 20,339,570.