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(영문) 제주지방법원 2020.07.13 2019가단516

대여금

Text

1. Defendant B’s KRW 40,000,000 as well as 5% per annum from March 30, 2019 to July 13, 2020, respectively, to the Plaintiff.

Reasons

Plaintiff’s assertion

On April 25, 2012, the Plaintiff lent KRW 40,000,00 to Defendant B, and Defendant C jointly and severally guaranteed the above obligation of Defendant B.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 40,000,000 and damages for delay.

According to the Plaintiff’s evidence No. 1 as to the Plaintiff’s claim against Defendant B, it is recognized that the Plaintiff lent KRW 40,000,000 to Defendant B on April 25, 2012 (the Defendant B did not dispute this point). Meanwhile, the Plaintiff asserted that the Plaintiff lent the above money to Defendant B, and sought payment of interest or delay damages from April 26, 2012.

However, it is difficult to view that there was an agreement between the Plaintiff and the Defendant on the interest or the due date.

(In the above loan certificate, interest and the due date shall be the blank space. Therefore, the above debt shall be the debt with no interest and the due date specified, and there shall be damages for delay from the day following the date on which the plaintiff requested payment by the delivery of a copy of the complaint of this case.

Ultimately, Defendant B is obligated to pay to the Plaintiff the amount of KRW 40,00,000 as well as damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from March 30, 2019 to July 13, 2020, which is the date when the duplicate of the complaint in this case was delivered to the above Defendant, as well as from March 30, 2019, where it is deemed reasonable for the Defendant to dispute as to the existence of the obligation or the scope thereof.

As to the plaintiff's claim against the defendant C, the plaintiff asserts that the defendant C had jointly and severally guaranteed the defendant C's debt to the plaintiff, the defendant C did not have any satisfy, and there is no fact that he has signed the loan certificate (Evidence A 1) as above.

Nevertheless, the signature of C as stated in the above loan certificate was signed by C.