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(영문) 의정부지방법원고양지원 2020.07.22 2019가단1360

대여금

Text

The Plaintiff

A. Defendant B’s KRW 35,00,000 and interest rate of KRW 24% per annum from July 11, 2017 to the date of full payment.

Reasons

1. Claim against the defendant B

A. The Plaintiff, on October 7, 2016, lent to Defendant B a total of KRW 35 million before and after October 2016, including lending KRW 15 million to Defendant B for the purpose of construction cost, and was issued and delivered a certificate of borrowing that Defendant B would have due date for repayment for KRW 35 million on July 10, 2017 and to pay the delayed payment rate of KRW 24 million at 24% per annum.

Therefore, Defendant B is obligated to pay to the Plaintiff the above loan 35 million won and 24% interest per annum from July 11, 2017 to the day of full payment, which is the day following the due date.

(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant C

A. The facts of recognition 1) Defendant C ordered Defendant B to construct new facilities for older persons and children on the ground D in the Gangnam-gu Seoul Special Metropolitan City of Yancheon-gu. The Defendant B asked Defendant B to lend the construction price to the Plaintiff while performing the said contracted construction.

3) Accordingly, the Plaintiff loaned Defendant B KRW 10 million on October 5, 2016, and KRW 5 million on October 7, 2016, respectively, to Defendant B on October 7, 2016, and paid KRW 15 million from Defendant B as of December 7, 2016, and the due date for repayment shall be paid as of December 7, 2016, and in default, the Plaintiff shall not raise any objection against a civil or criminal charge (Evidence A 2; hereinafter “the instant loan certificate”).

At the time of preparation and delivery, Defendant C entered his name and resident number in the guarantor column at the bottom of the loan certificate of this case. 4) Defendant C sent to the Plaintiff on December 10, 2018, on March 11, 2019, and on March 29, 2019, Defendant C consistently stated his/her guarantee obligation under the loan certificate of this case as a joint and several surety obligation.

【Ground of recognition】 The fact that there has been no dispute, Gap's entries in Gap's 1, 2, 6, 7, 14, 15, 16, 19, 20, and the purport of all pleadings

B. According to the facts of the above recognition 1, Defendant C is based on the loan certificate of this case.