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(영문) 창원지방법원 2015.04.16 2014나6491

대여금 등

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are jointly and severally liable to the Plaintiff for KRW 20,000,000.

Reasons

1. The parties' assertion

A. On October 26, 2003, the Plaintiff asserted that: (a) on October 26, 2003, the Plaintiff lent KRW 20 million to Defendant B with interest rate of KRW 24% per annum; and (b) Defendant C jointly and severally guaranteed the above loan obligations; (c) the Defendants are jointly and severally liable to pay the instant loan and the damages for delay (the Plaintiff asserted that the agreement is funds, but the interest for delay is prior to the agreed rate) pursuant to the agreement rate.

B. The Defendants’ assertion 1) did not have borrowed the instant loan from the Plaintiff. 2) Even if Defendant C borrowed the instant loan from the Plaintiff, there is only 13,277,425 won of the principal due to partial repayment of the loan.

3 The instant loan obligation expired after the lapse of three or five years of extinctive prescription.

2. The judgment of this Court

A. On October 26, 2003, the Defendants prepared a loan certificate stating that “Defendant B borrowed KRW 20,000,000 from the Plaintiff as interest rate 2% on the same day, and Defendant C jointly and severally guaranteed it,” and on the same day, the Plaintiff loaned KRW 20,00,000 to Defendant C on the same day, in full view of the overall purport of the pleadings as indicated in the evidence No. 2-7,9, and No. 3, No. 2-2, and No. 3.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 20,000,000 won and damages for delay at the rate of 24% per annum from October 27, 2003 to the date of full payment.

B. Determination 1 on the defendants' defenses) Defendant C received by the plaintiff.