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(영문) 전주지방법원 2018.11.16 2018가단9700
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 23, 2017, Defendant B prepared and issued to the Plaintiff a certificate of borrowing that “the Plaintiff borrowed KRW 20 million from the Plaintiff at the interest rate of the third part per month from November 23, 2017 to November 23, 2018.”

B. On December 2, 2017, Defendant B prepared and issued to the Plaintiff a certificate of borrowing that “The Plaintiff borrowed KRW 47 million from the Plaintiff at the interest rate of the third part of the month from December 2, 2017 to December 2, 2018.”

C. Defendant C shall borrow KRW 5 million from September 21, 2017 to February 21, 2018, for five months until February 21, 2018, and the monthly interest shall be set at 4%.

“The loan certificate was drawn up and issued to the Plaintiff.”

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff loaned KRW 20 million to Defendant B on November 23, 2018, with interest rate of KRW 30,000,000,000 for KRW 47,000 as of November 23, 2018, and as of December 2, 2018, the Plaintiff leased to Defendant C on September 21, 2017, with interest rate of KRW 5,000,000 as of February 4, 201, and due date of repayment as of February 21, 2018. Since the Plaintiff additionally lent KRW 1,00,000 to the Plaintiff, Defendant B is obligated to pay damages for delay at the rate of KRW 24% per annum, which is the highest interest rate under the Interest Payment Order Restriction Act from the day following the original copy of this case.

B. 1) According to the above facts finding as to the Plaintiff’s claim against Defendant B, barring any special circumstance, Defendant B is obligated to pay the Plaintiff a loan of KRW 67 million and delay damages therefor. 2) According to the above finding facts as to the Plaintiff’s claim against Defendant C, barring any special circumstance, Defendant C is obligated to pay the Plaintiff a loan of KRW 5 million and delay damages for the Plaintiff’s claim against Defendant C.

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