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(영문) 서울중앙지방법원 2016.01.06 2015가단5017329

대여금

Text

1. Defendant B’s KRW 100,000,000 as well as 30% per annum from May 1, 2010 to July 14, 2014 to the Plaintiff.

Reasons

1. The plaintiff asserted that around 2000, the plaintiff lent 400,000,000 won to the defendant B at the annual interest rate of 30%, and the defendant B issued a promissory note around May 2004 for the payment security.

Defendant C, as the wife of Defendant B, jointly and severally guaranteed the repayment of the above loan owed by Defendant B, made endorsement on the Promissory Notes issued by Defendant B, thereby bearing the joint and several liability. Defendant B forged endorsement in the name of Defendant C and delivered it to the Plaintiff, thereby bearing the joint and several liability by means of an expression agent.

However, Defendant B did not pay only KRW 300,000,000, and did not pay the remainder of KRW 100,000,000. However, Defendant B agreed to pay the remainder until November 20, 201, and made a written statement of performance, and the Plaintiff returned the said promissory note to the Defendants.

Therefore, Defendant B is obligated to pay to the Plaintiff the above loan amounting to KRW 100,00,000 and the above loan amount to KRW 30% per annum from May 1, 2010 to July 14, 2014; and damages for delay at the rate of 25% per annum from the following day to the date of full payment; Defendant C is obligated to pay the above loan amount to the Plaintiff at the rate of 10,000,000 per annum, which is within the scope of the Interest Limitation Act; and Defendant C is obligated to pay the above money together with Defendant B with the responsibility of joint and several

2. In full view of the purport of the argument as to the claim against Defendant B, the evidence No. 1, and the entire purport of the argument in the party’s personal examination as to Defendant B, Defendant B is obligated to pay 30% per annum from the Plaintiff around 2000 to the date of borrowing KRW 400,000 per annum from the Plaintiff, and to pay KRW 100,000 among them. As such, Defendant B is obligated to pay the Plaintiff damages for delay at each rate of KRW 100,000 and KRW 25% per annum from May 1, 2010 to July 14, 2014 to the date of full payment.

3. As to the claim against Defendant C, Defendant C around May 2004.

참조조문