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(영문) 창원지방법원마산지원 2019.01.10 2018가단5822

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 87,00,000 and the interest rate from September 12, 2018 to the date of full payment.

Reasons

In addition to the purport of the entire argument in Gap evidence No. 1, on December 30, 2012, the Plaintiff lent KRW 87,000,000 (hereinafter “instant loan”) to Defendant B on December 30, 2017, which was due date set as December 30, 2017, and at the time Defendant C guaranteed the Plaintiff’s obligation to return the instant loan to the Plaintiff.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff the above 87,00,000 won and damages for delay at the rate of 15% per annum from September 12, 2018 to the day of full payment, which is the day following the delivery date of the payment order of this case sought by the plaintiff, as the repayment date of the above 87,00,000 won and the loan of this case.

(2) Of the loan of this case, Defendant B lent 27,50,000 won to Defendant B, and thus Defendant B did not have a duty to return the corresponding money. However, the above circumstance asserted by Defendant B is merely a legal relationship between Defendant B and D, and it is difficult to view that Defendant B could oppose the Plaintiff’s claim on the ground of the above circumstances. In addition, Defendant B asserted that Defendant B paid KRW 23,300,000 to the Plaintiff as interest from the loan of this case until January 2016. However, Defendant B asserted that Defendant B paid KRW 23,30,000 to the Plaintiff with the interest accrued until January 2016. However, the above interest accrued until January 2016, 201 is not the subject of the Plaintiff’s claim of this case). Accordingly, Defendant B’s claim of