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(영문) 창원지방법원통영지원 2020.09.22 2020가단925

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50 million and the amount therefrom from September 1, 2019 to the day of complete payment.

Reasons

In full view of the purport of the entire pleadings in Gap’s statement, the Plaintiff loaned KRW 50 million to Defendant B on September 20, 2017 at an interest rate of KRW 24% per annum and due date of repayment on September 20, 2019, and the Defendant C guaranteed the Plaintiff’s obligation to return the loan.

The Defendants asserted that on February 5, 2020, Defendant C prepared a separate loan certificate with the Plaintiff’s husband D and paid only the amount of the loan. However, there is no evidence to acknowledge this.

Therefore, the Defendants are jointly and severally liable to pay interest or delay damages calculated at the rate of 24% per annum from September 1, 2019 to the date of full payment, which is the interest rate of 50 million won and after the date of commencing the interest thereon.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.