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(영문) 부산지방법원동부지원 2017.08.16 2016가단14630

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 135,00,000 and the interest rate thereon from August 13, 2016 to the date of full payment.

Reasons

1. Basic facts

A. From the beginning of 2006, Defendant B borrowed KRW 150,000,00 (hereinafter “the instant loan”) from the Plaintiff on October 4, 2006 as the operating capital of the household store, with the maturity of KRW 150,00,00 after October 3, 2007, and at the time of the conclusion of the said loan agreement, Defendant C guaranteed the Defendant B’s above loan obligation.

B. The Plaintiff received a security loan from the bank in the name of the Plaintiff and prepared the instant loan loan, and the interest on the said loan under the Plaintiff’s name was paid to the bank by automatic transfer from November 2006 to March 2016 by Defendant B.

C. From June 18, 2014 to July 7, 2016, Defendant B repaid to the Plaintiff KRW 15,000,000, which is part of the principal of the instant loan.

[Reasons for Recognition] Defendant B: The fact that there is no dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, Defendant B is the principal debtor, and Defendant C is jointly and severally liable to pay to the Plaintiff as a joint and several surety the delay damages calculated at the rate of 15% per annum from August 13, 2016 to the date of full payment, as claimed by the Plaintiff, as the payment date of KRW 135,000,000, which is the balance of the debt borrowed in this case, and the final interest payment date therefor, which is the balance of the loan in this case.

3. Determination as to Defendant C’s assertion

A. According to the phrase, Defendant C, “I borrow the regular amount for one year from October 4, 2006 to October 3, 2007,” as stated in the evidence Nos. 1 (j) of this case, it is recognized that Defendant C agreed to limit the joint and several guarantee period of Defendant C to one year, and the Defendant C does not bear the responsibility to guarantee the instant borrowed amount from the date one year has passed after the date of loan, or this is not subject to the obligation to guarantee the instant borrowed amount.