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(영문) 대구지방법원 포항지원 2018.11.08 2018가합249

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 350,000,000 and KRW 140,000 among them, from April 17, 2014, and from October 210.

Reasons

1. Facts of recognition;

A. On April 18, 2014, the Plaintiff entered into a contract to lend KRW 350,000,000 to Defendant B on the following terms, and Defendant C, the husband of Defendant B, jointly and severally guaranteed the obligation to the Plaintiff.

Creditor: Defendant B’s joint and several sureties: The amount borrowed by Defendant C: The interest rate of KRW 350,000 ($350,000) per annum shall be 25% per annum and the due date shall be paid on the date of each month.

b. The maturity of the principal shall be July 30, 2014 and shall be payable at the address of the creditor.

(b) (hereinafter omitted);

B. On April 17, 2014, the Plaintiff wired KRW 140,000,000 to the deposit account in the name of “D” used by Defendant B, and wired KRW 210,000,000 to the same account on May 18, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff interest and delay damages calculated at the rate of 25% per annum from April 17, 2014 to the date of full payment with respect to KRW 140,000,000,000 among the loans ( KRW 140,000,000) and KRW 140,000,000,000.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.