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(영문) 부산지방법원 2017.06.08 2015가단213601
대여금
Text

1. The Plaintiff:

A. Defendant B and C shall jointly and severally pay KRW 16,857,068 and the interest rate thereon from July 30, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant C is the mother of Defendant B, and Defendant D is the denial of Defendant B.

B. The Plaintiff lent to Defendant B and D as follows, and Defendant C and B jointly and severally guaranteed as follows:

(1) On June 20, 2013, when the Plaintiff appropriated 92,00 won to Defendant B on June 20, 2013 (the portion exceeding the amount calculated at the rate of 25% per annum, of the interest that was received by the Plaintiff), the leased principal is KRW 9,908,000,00.

(2) On June 20, 2013, Defendant C lent the loan principal amount of KRW 165,00,000 (the amount exceeding the amount calculated by the ratio of 25% per annum among the interest accrued prior to the Plaintiff) to Defendant B, and Defendant C jointly and severally guaranteed the loan obligation against the Plaintiff. Defendant C jointly and severally guaranteed the loan obligation against the Plaintiff.

3) On August 5, 2013, the Plaintiff lent KRW 20 million to Defendant D, and Defendant B jointly and severally guaranteed Defendant D’s obligation for the above loan to Defendant D. (4) On July 31, 2014, the Plaintiff lent KRW 5 million to Defendant D, and lent KRW 5 million to Defendant B.

5) On September 25, 2014, the Plaintiff lent KRW 5 million to Defendant D, and lent KRW 5 million to Defendant B. C. Defendant B and D lost the benefit of time due to their failure to pay interest on the instant loan. [The facts that there was no dispute over the grounds for recognition, each of the entries in the evidence No. 1-2, No. 1-2, No. 2, and No. 2, and No. 3, and the purport of the entire pleadings.

2. As seen earlier, the Plaintiff’s loan details to Defendant B and D, the details of joint and several sureties by Defendant C and B, and the profits of time are lost and the maturity period for the instant loan has arrived. The interest shall be calculated at the rate of 25% per annum, and the amount of repayment, the date of which payment is unclear, shall be paid on the last day of each corresponding month.

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