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(영문) 울산지방법원 2015.11.17 2015가단53482

대여금

Text

1. The plaintiff, the defendant B, C, and E are jointly and severally liable for 100,000,000 won, and the defendant D are jointly and severally liable for 10,000 won.

Reasons

1. In full view of the facts in dispute between the parties to the claim, Gap evidence Nos. 1 through 4, and Eul evidence No. 2, the plaintiff loaned 50 million won to the defendant B and C on September 16, 2013; due date for repayment; November 15, 2013; and defendant D guaranteed this obligation at 30% per annum; on September 17, 2013, the plaintiff lent 20 million won to the defendant B with interest rate of 30% per annum; on November 15, 2013, the defendant C guaranteed this obligation; on October 12, 2013, the plaintiff extended 30 million won to the defendant B and C; on November 26, 2013, the plaintiff extended 130 million won with interest rate of 30 million won as 30% per annum; and on January 26, 2013, 2013, 203.

According to the above facts of recognition, Defendant B, C, and E are jointly and severally liable to pay to the Plaintiff a total of KRW 100,000,000,000 for loans and deposits, Defendant D, jointly and severally with Defendant B, and C, for the total of KRW 80,000,000 for deposits, and for each amount, delay damages calculated at the rate of 30% per annum from November 27, 2013 to the date of full payment, which is the day following the date of final payment sought by the Plaintiff.

2. Defendant B and C’s assertion

A. On October 12, 2013, the Defendants asserted that, on the said Defendants’ claim for construction price of KRW 100 million against the Defendant Company, the said Defendants transferred to the Plaintiff the said Defendants’ claim to pay the said loans in full.

In full view of the facts without dispute between the parties, the evidence as above, the evidence as evidence No. 5, and the purport of the whole pleadings, the defendant company shall execute the construction of this case, and the contract for the construction to the defendant B and C, the defendant B and C borrowed 100 million won above from the plaintiff, and the defendant B and C appropriated for the construction cost. < Amended by Presidential Decree No. 24800, Oct. 12, 2013>