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(영문) 춘천지방법원 2016.04.20 2015가단7414
대여금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 25,995,940 and KRW 23,830,917 among them.

Reasons

1. Basic facts

A. On September 16, 2013, the Plaintiff: (a) lent KRW 48,500,000 to Defendant B and Defendant C at interest rate of 30% per annum.

B. At the time, Defendant D Co., Ltd. guaranteed the above loan obligations of Defendant B and Defendant C, and E guaranteed the above loan obligations.

C. The Plaintiff is based on the amount claimed by the Defendants, namely, KRW 1,50,00 on October 15, 2013; KRW 25,750,00 on November 20, 2013; KRW 11,397,656 on October 11, 2015; or the amount claimed by the Defendants.

was paid by the Corporation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts found earlier, the Plaintiff received from the Defendants the payment of KRW 1,50,00 on October 15, 2013, KRW 25,750,00 on November 20, 2013, KRW 11,407,440 on August 8, 2015, and the order of appropriation for payment of the principal is stipulated in Article 479 of the Civil Act, and Article 476 of the same Act is not applicable mutatis mutandis to the payment of the principal, interest, and principal amount shall be appropriated in order of the principal, interest, and principal amount (see Supreme Court Decision 2002Da12871, May 10, 202, KRW 207, KRW 307, KRW 1971, KRW 207, KRW 1975, KRW 207, KRW 197, KRW 207, KRW 197, KRW 207, KRW 209, KRW 1971, etc.).

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