beta
(영문) 창원지방법원 2017.03.07 2016가단110584

대여금

Text

1. As to KRW 39,454,795 and KRW 30,000 among the Plaintiff, Defendant B shall be from December 28, 201 to July 14, 201.

Reasons

1. Basic facts

A. On July 12, 2010, Defendant B borrowed KRW 30,000,00 from the Plaintiff as interest rate of KRW 2.5% per annum (30% per annum) and on October 29, 2010, and the Plaintiff prepared the loan certificate (hereinafter “the loan certificate”) between the Plaintiff and the Plaintiff and attached the loan certificate with the certificate of personal seal impression issued in the name of Defendant B.

B. Defendant B entered Defendant C in the instant loan certificate as a joint guarantor, and attached Defendant C’s certificate of personal seal impression issued from Defendant C to the above loan certificate.

[Reasons for Recognition] Regarding Defendant B: Each entry in the evidence Nos. 1 and 2, the purport of the whole pleadings against Defendant C: The fact that there is no dispute, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that Defendant B borrowed KRW 30,00,000 from the Plaintiff, and Defendant C jointly and severally guaranteed the above loan obligation of Defendant B, the Defendants jointly and severally asserted that the Defendants are liable to pay to the Plaintiff totaling KRW 39,454,795 (i.e., the principal of the loan amount of KRW 30,00,000,000 from October 30, 201 to December 27, 201, total damages for delay KRW 10,454,795 - KRW 1,00,00,000 paid from Defendant B) and damages for delay.

B. In light of the facts established in the determination as to the claim against Defendant B, Defendant B is obligated to pay the Plaintiff the remainder of KRW 39,454,795 (i.e., KRW 30,00,000 from October 30, 201 to December 27, 2011 plus interest of KRW 10,454,795 (i.e., KRW 30,00,000 per annum x 30% per annum x 30% per annum 424 days x 365 days x below KRW 424,795) minus interest of KRW 1,454,795 (i.e., KRW 40,454,795 - KRW 10,000), and damages for delay from the following day to the date of final payment of interest at the rate of KRW 30,00,000 per annum 25,201.

C. Determination as to the claim against Defendant C

참조조문