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(영문) 서울동부지방법원 2016.09.21 2016가단104051

대여금

Text

1. Defendant C shall pay to the Plaintiff KRW 91,00,000 and the interest rate of KRW 15% per annum from March 18, 2016 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant C

A. In fact, the Plaintiff loaned Defendant C KRW 34 million around May 6, 2015, and KRW 64 million around June 17, 2015, and KRW 98 million in total.

(b) Grounds for recognition: Facts without dispute;

C. Accordingly, Defendant C is obligated to pay the Plaintiff the remainder of KRW 91 million (i.e., KRW 98 million - KRW 7 million) and damages for delay at the rate of KRW 15 percent per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 18, 2016 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff.

2. Determination as to the claim against the defendant B

A. The plaintiff's assertion that the plaintiff leased the above KRW 98 million to the defendant C under the joint and several guarantee of defendant B, and the defendant B, a joint and several surety, is jointly and severally liable to pay the above KRW 91 million to the plaintiff.

B. In full view of all the evidence of the Plaintiff’s submission, it is not sufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to prove that Defendant B guaranteed the above loan obligation.

3. The plaintiff's claim against the defendant C is reasonable, and the claim against the defendant B is without merit.