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(영문) 서울북부지방법원 2017.06.21 2016가단39412
대여금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 30,00,000 and 5% per annum from November 3, 2007 to December 7, 2016.

Reasons

1. Facts of recognition;

A. On February 24, 2006, the Plaintiff lent KRW 30,000,000 to Defendant B, and the period of reimbursement was set at KRW 700,000 per month as of November 2, 2007.

B. On February 24, 2006, Defendant C guaranteed Defendant B’s above debt jointly.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, fact inquiry result of this court, purport of whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 30 million won and damages for delay calculated by the rate of 5% per annum under the Civil Act from November 3, 2007 to December 7, 2016, which is the final delivery date of the copy of the instant complaint, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

B. Defendant C’s assertion that there was no fact that the Defendants prepared a loan certificate and the Plaintiff forced Defendant C to do so. However, according to the result of the fact inquiry by this court, Defendant C’s assertion that the design affixed on the loan certificate (No. 1) is recognized as the seal imprint of Defendant C, and thus, Defendant C’s above assertion is rejected.

3. Conclusion, the Plaintiff’s claim against the Defendants is accepted in entirety.

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