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(영문) 수원지방법원안산지원 2016.10.28 2016가단64114

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest thereon from February 1, 2012 to the date of full payment.

Reasons

1. On August 1, 2008, the Plaintiff agreed to pay 200 million won until August 10, 2008, while lending the interest amount of KRW 50 million to Defendant B by setting the interest amount of KRW 50 million, and KRW 350 million until August 10, 2008, and Defendant C guaranteed the above loan obligation.

When the Defendants were unable to repay the above loan obligations by February 1, 2012, the Plaintiff and the Defendants drafted a loan certificate in which the principal amount is KRW 200 million, the date of loan is KRW 200 million, the date of repayment is December 1, 2012, the date of repayment is 20% after the date of loan, the interest is 12% after the date of loan, the borrower is 2% per month, the borrower is the Defendant B, and the joint guarantor is the Defendant C respectively (hereinafter “the loan certificate in this case”).

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

2. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the borrowed or agreed amount of KRW 200 million and damages for delay calculated at the rate of 24% per annum from February 1, 2012 to the date of full payment pursuant to the agreement.

3. As to the Defendant B’s assertion, Defendant B merely lent the name of the debtor to Defendant C, and the instant loan certificate was drafted by the Plaintiff’s coercion, and thus null and void. However, there is no evidence to acknowledge it.

4. The plaintiff's claim of this case against the defendants is justified, and all of the claims are accepted. It is so decided as per Disposition.