beta
(영문) 울산지방법원 2016.02.16 2015가단19741

대여금 등

Text

1. The Defendants jointly and severally against the Plaintiff KRW 30,000,000 and against the Defendant B from February 12, 2012.

Reasons

In full view of the facts without dispute between the parties, and the purport of the entire argument in Gap evidence No. 1, the plaintiff, on July 1, 2010, lent KRW 30,000,000 to the defendant B at interest rate of 12% per annum (hereinafter "the loan of this case"). The defendant C guaranteed this debt, and the plaintiff received interest on the loan of this case until February 11, 2012.

The Defendants asserted that the Plaintiff’s husband borrowed the instant loan from D, and that all of the principal and interest of the instant loan was repaid by remitting it to D’s passbook from 2011 to D’s passbook.

According to the evidence Nos. 2 and 5, the loans that the Defendants claimed to have repaid are deemed to have been lent 38,800,000 won to the Defendants around July 7, 2011. In light of the above, it is insufficient to recognize the fact that each of the evidence Nos. 1, 2, and 3 submitted by the Defendants was fully repaid, and there is no other evidence.

Therefore, the defendants' assertion of repayment is without merit.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 30,00,000 as well as damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 12, 2012 to July 23, 2015 for Defendant B, the delivery date of a copy of the complaint of this case, for Defendant C, until September 21, 2015, and for Defendant C, until September 21, 2015.

The plaintiff's claim against the defendants is accepted on the grounds that all the claims are reasonable.