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(영문) 인천지방법원 2016.04.06 2015나13317
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On September 3, 2009, the Plaintiff: (a) lent KRW 80,000,000 to B with interest rate of KRW 2,40,000 per annum (36% per annum); (b) the Defendant living together with B (hereinafter “instant bonds” or “instant debt”); and (c) jointly and severally guaranteed the instant debt.

B. On September 30, 2009, B prepared a deed of promissory notes with the effect that a notary public is responsible for paying KRW 100,000,000 to the Plaintiff as an ordinary law firm No. 260 in 2009, and on the same day, a notary public drafted a certificate which includes a letter of performance, as follows, No. 2151 of a minor law firm and others:

(hereinafter referred to as the “instant letter of certification”). B. (A) On September 30, 2009, 200,000 won was due but failed to be paid but, on September 30, 2009, 200, 20,000 won was additionally borrowed, total amount of KRW 100,000,000 shall be repaid to the Plaintiff as follows.

3. B refers to a cycle of remitting from daily sales to the bank account of the Defendant (Yancheon-gu D apartment operation 207, Yeonsu-gu, Yeonsu-gu) that manages the pharmacy to the Plaintiff.

C. The Plaintiff, on September 30, 2009, lent KRW 20,000,000 to B as interest rate of KRW 600,000 per annum (36% per annum).

(hereinafter “instant claim”) or D. (hereinafter “instant claim”).

On April 30, 2010, the Plaintiff lent KRW 3,000,000 to B as zero-free (hereinafter “instant claim”) and the Defendant jointly and severally guaranteed the instant obligation (hereinafter “instant obligation”).

E. On August 5, 2010, the Plaintiff leased KRW 17,000,000 to B with interest rate of KRW 340,000 per annum (24% per annum) (hereinafter “instant bonds”) and the Defendant jointly and severally guaranteed the instant bonds.

F. B and the Defendant paid the Plaintiff the principal and interest of each of the instant obligations, and B, on August 10, 201, agreed that “The Plaintiff shall repay each of the instant obligations in 12,000,000 won from October 30, 201 to KRW 1,000,000,000, out of the amount of reimbursement (which appears to be a clerical error in the leased amount).”

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