logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.09.24 2019가단7753
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 45,00,000 and the interest rate thereon from March 19, 2019 to the date of full payment.

Reasons

1. Basic facts

A. A creditor, the Plaintiff, the obligor, and the joint and several surety Defendant C, the amount borrowed by Defendant C, the amount borrowed by the Defendant 45,00,000, interest rate of 2% per month, the period of loan from July 18, 2018 to October 30, 2018, the interest payment date of the interest payment date of the 18th day of each month, and the date of preparation of the certificate of loan (Evidence 1-2 of subparagraph A) stated as September 20, 2018.

B. Defendant C was present at this court and stated to the effect that “it is sufficient to borrow 45 million won, but it is not possible to repay it.”

C. On March 20, 2019, the Plaintiff would correct the part that “interest is added to the cause of the application” in the preparatory document.

“The document was written and presented to the court, and the document was written at the date of pleading.

[Reasons for Recognition: Facts without dispute, entries in Gap evidence Nos. 1, 2, and 3 (including evidence able to), the purport of the whole pleadings]

2. Determination as to the cause of action

A. Defendant B borrowed KRW 45 million from the Plaintiff as interest rate of KRW 2% and due date of repayment on October 30, 2018. Defendant C jointly and severally guaranteed the above loan obligation.

However, Defendant B and Defendant C, a joint and several surety, jointly and severally liable to pay the above loan amount to the Plaintiff at the rate of 24% per annum from September 20, 2018 to the date of full payment.

B. The following circumstances that can be acknowledged by comprehensively taking account of the overall purport of the arguments in the evidence presented to determine the claim for principal of the judgment 1, and 1. A.

The loan certificate as examined in the paragraph exists, ② Defendant C recognizes the fact that the Plaintiff lent KRW 45 million, ③ the said loan certificate was drawn up in falsity.

The argument that the period of reimbursement has been extended, as examined in the following 3.3.

arrow