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(영문) 부산지방법원 2020.02.07 2019나53853

대여금

Text

1. Of the judgment of the court of first instance, the part concerning the loan claims around October 2003 among the judgment of the court of first instance No. 1. A.

(b).

Reasons

1. The parties' assertion

A. Plaintiff 1) around October 2003, around October 2003, the Plaintiff filed a claim for a loan of KRW 30 million with the Defendants at a rate of 24% per annum (hereinafter “instant loan”). Around October 2003, the Plaintiff loaned KRW 30 million to the Defendants at a rate of 24% per annum (hereinafter “instant loan”).

(2) The Defendants: (a) paid only a portion of interest and did not pay the principal and the remainder interest until June 2018. Therefore, the Defendants are obligated to pay the Plaintiff the instant loan and its interest or delay damages; (b) The Plaintiff’s remaining loan claims against the Defendants, other than the instant loan, extended a sum of KRW 22,626,00 to Defendant B several times from July 30, 2004 to January 22, 2009 (hereinafter “Temporary loan to Defendant B”); (c) from April 6, 2007 to November 28, 2008, the Defendants extended a sum of KRW 6,350,000 to Defendant C in total (hereinafter “Temporary loan to Defendant C”); and (d) the Defendants did not lend KRW 30,50,000 to Defendant C in addition to the instant loan to Defendant B’s temporary loan to Defendant C; and (e) the Defendants did not repay each of the above loans to Defendant C, 1605,3005.

3) When Defendant B obtained a loan from Defendant B on April 30, 2007, the Plaintiff guaranteed the above loan obligation to Defendant B with respect to the above loan obligation. Defendant B failed to repay the above loan obligation, and on July 7, 2008, the Plaintiff subrogated for KRW 4,188,59 on behalf of the Plaintiff. Therefore, Defendant B is obligated to pay the above amount of subrogated payment and its delay damages to the Plaintiff. (B) It was true that Defendant B borrowed KRW 30 million around 200,000, but it was not the Plaintiff’s creditor but the E or F, introduced by the Plaintiff.

2. Defendant C borrowed the instant loan jointly with Defendant B.