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(영문) 서울서부지방법원 2017.07.14 2016가단24973
대여금
Text

1. The Defendants jointly share KRW 100,000,000 with respect to the Plaintiff and 6.5% per annum from September 1, 2016 to September 5, 2016.

Reasons

1. On December 29, 2014, the Plaintiff transferred KRW 100 million to a bank account designated by Defendant B.

The Defendants around that time affixed a loan certificate stating the following contents to the Plaintiff.

Borrowing Amount: 100 million won

(b) Borrower: Defendant B;

(c) Surety: Defendant C;

(d) Interest rate: 6.5% per annum;

E. The interest payment date: Defendant B, on the 29th day of each month, paid interest to the Plaintiff by August 31, 2016, and did not pay interest thereafter.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendants jointly have the obligation to pay to the Plaintiff interest or delay damages calculated at the rate of 100,000,000 won borrowed and the rate of 6.5% per annum from September 1, 2016 to September 5, 2016, which is the day following the date of service of the written complaint of this case, and 15% per annum from the following day to the day of full payment.

(The defendant C is a simple guarantor, and unlike the description of the claim, is obligated to pay the money stated in the order jointly with the defendant C).

Defendant B’s assertion that Defendant B’s claim is unacceptable on the ground that, at the time of borrowing money from the Plaintiff, Defendant B determined October 31, 2017, which is the expiration date of the lease agreement between himself and the Defendant C, as repayment deadline was not yet arrived, and thus, Defendant B cannot comply with the Plaintiff’s claim. However, there is no evidence to acknowledge that Defendant B borrowed the above money by setting the above deadline.

3. Conclusion, the Plaintiff’s respective claims against the Defendants are accepted, and it is so decided as per Disposition.

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