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(영문) 서울중앙지방법원 2014.04.18 2013가합34346

대여금반환

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 1.55 billion and its KRW 1.355 billion among them, from December 16, 2011 to KRW 1.350 million.

Reasons

1. Determination as to claims against Defendant B and C

A. 1) The Plaintiff: (a) from June 15, 2010 to July 9, 2010, leased KRW 1 billion to Defendant C at a rate of 24% per annum; and (b) on December 31, 2010, the due date for repayment was determined and lent to Defendant C; and (c) Defendant B jointly and severally guaranteed Defendant C’s above loan obligations.

B) From December 13, 2010 to March 22, 2011, the Plaintiff lent KRW 350 million to Defendant B. After that, on March 24, 2011, the Plaintiff and Defendant B agreed to take over the above loan debt amounting to KRW 1 billion for Defendant B’s joint and several debt amounting to KRW 1.350 million together, and set the annual interest rate of KRW 24 million on December 15, 201, and the maturity as December 15, 2011. < Amended by Presidential Decree No. 23507, Jun. 15, 2011; Presidential Decree No. 23558, Jun. 15, 2011; Presidential Decree No. 23006, Jun. 15, 2012>

[Ground for recognition] Unless there is a dispute, Gap evidence Nos. 1, 2, 3, and 5 (including each serial number), and there is no special circumstance to determine the purport of the entire pleadings, the plaintiff shall pay the loan No. 1.50 million won and 1.35 billion won among the above loan No. 1.350 million won from December 16, 201, the following day following the due date for payment, and the rate of 24% interest per annum from June 16, 2012 to the day of full payment, which is the rate of 1.5 billion won from June 16, 2012 to the day of full payment, and the rate of 1.5 billion won from the following day to the day of full payment, which is less than the annual interest rate of 1.5 billion won from January 1, 2011 to the day of full payment, and the rate of 2.4% interest per annum 25 billion won from the day after the due date to the plaintiff's annual interest rate of 2.

B. Defendant B and C’s defense is substituted by Defendant B and C’s payment of the above borrowed debt to Defendant B and C, who is the Plaintiff’s husband.