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(영문) 인천지방법원 2017.05.17 2016가단241453
대여금
Text

1. The Defendant: (a) KRW 45,00,000 for the Plaintiff and KRW 11.5% per annum from May 25, 2016 to September 29, 2016; and (b) the Plaintiff.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Gap evidence 1 and 2, it is recognized that the plaintiff loaned KRW 45,00,000 to C on August 25, 2015, interest rate of KRW 11.5% (if interest is paid once, the benefit of the due date shall be lost even if the interest is paid once) per annum, and by August 25, 2018, the defendant guaranteed the above debt of Eul on September 8, 2015, and C did not pay interest after May 25, 2016 to the plaintiff.

Therefore, the defendant, who is a joint and several surety, is obligated to pay to the plaintiff 45,00,000 won with 11.5% per annum from May 25, 2016 to September 29, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the date of full payment.

The defendant asserts that the plaintiff exempted the defendant's joint and several liability.

However, the defendant did not submit it to the court, asserting that there is evidence thereof, and did not appear on the date of pleading.

We cannot accept the defendant's argument.

The plaintiff's claim shall be accepted with due reason.

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