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(영문) 대구지방법원경주지원 2020.05.13 2019가단1728
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 60,000,000 and Defendant B with respect thereto from July 13, 2011 to July 2, 2019.

Reasons

1. The Plaintiff’s judgment as to the claim against Defendant C is the primary debtor; Defendant C is the joint and several surety; Defendant C is the joint and several surety; the loan amounting to KRW 60 million from July 12, 2011 to July 12, 201, and the due date of repayment in installments and KRW 24 million each year from July 12, 2013 to July 12, 2013; Defendant B does not dispute this; Defendant C is obligated to pay to the Plaintiff 60,000 won and its related amount, 24% per annum from July 13, 2010 to September 20, 2019, and 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as the Plaintiff seeks.

2. Determination as to the claim against the defendant B

A. 1) On July 12, 2010, the Plaintiff drafted a notarial deed of a monetary loan agreement with Defendant B with the following content (No. 321, 2010, a notary public, on July 12, 2010: Around July 12, 2010: Around three times each year from July 12, 201 to July 12, 2013: a loan extended by a notary public with a maturity of 60,000 won or more:

7. 12. 20 million won or more: (a) The rate of delay delay damages shall be paid at the rate of 24% per annum with respect to the delayed principal or interest if the debtor delays the repayment of the principal or interest.

If the obligor delays the payment of the installment at one time, the obligor must pay the remainder of the installment, as a matter of course, regardless of the existence of the peremptory notice from the obligee.

[Reasons for Recognition] Gap evidence No. 1

B. The Plaintiff asserts that the Plaintiff is obligated to pay 60 million won and interest from July 13, 2010 to Defendant B, as the agreed interest rate of KRW 60 million was set at 24% per annum and lent on July 12, 2010.

The facts of the recognition are as follows.

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