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(영문) 전주지방법원 2018.09.07 2018가단12195

대여금

Text

1. The Defendants shall jointly and severally pay 115,50,000 won and 25% per annum from January 1, 2009 to the date of full payment.

Reasons

1. Determination of the parties' arguments

A. Determination as to the cause of the claim ① The Plaintiff entered into a monetary loan contract with Defendant B on April 15, 1994; the maturity of 20.5 million won; interest rate of 25% per annum; and the Defendant C as joint surety; ② the Plaintiff entered into a monetary loan contract with Defendant B on June 20, 1995; the maturity of 45 million won; interest rate of 25% per annum; the Defendant C as joint surety; ③ the Plaintiff entered into a monetary loan contract with Defendant C on May 20, 1997; ③ the Plaintiff’s obligation to pay 50 million won to the Plaintiff on March 16, 1998; interest rate of 25% per annum; and ④ the Plaintiff and the Defendants entered into a joint and several loan contract with Defendant C on March 16, 1998 as joint and several surety; and ④ the Plaintiff’s joint and several loan contract with Defendant C on May 20, 1997 as a joint and several surety’s office with 197.15% per annum.

B. As to Defendant B’s assertion, Defendant B asserted that Defendant B provided the Plaintiff with the pumps in the name of the Defendants, 1 automobiles, 45 million won in cash, and the land and buildings located in the previous week as payment in kind. As such, Defendant B’s assertion is without merit, since there is no evidence to acknowledge the fact of payment as alleged above by Defendant B.

2. Conclusion, the plaintiff.