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(영문) 춘천지방법원 2018.11.28 2016나51761
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) On October 26, 1999, the Plaintiff loaned KRW 14,70,000 to Defendant C at an agreed interest rate of KRW 5% per annum, interest rate of delayed interest rate of KRW 17% per annum, and due date of repayment of October 26, 2014 (hereinafter “loan 1”).

(2) On May 26, 200, Defendant D jointly and severally guaranteed the first loan obligation. (2) On May 26, 2000, the Plaintiff: (a) on the agreed interest rate of KRW 90,000,000 to Defendant C, 13% per annum; (b) annual interest rate of KRW 18% per annum; and (c) due date of repayment of December 30, 2008, respectively.

(hereinafter referred to as “second loan”). Defendant D jointly and severally guaranteed the second loan obligation.

3) On June 28, 2001, the Plaintiff lent 8,000,000 won to Defendant D with a fixed interest rate of 5% per annum, 15% per annum, and due date for payment on June 28, 2002 (hereinafter “third loan”).

(4) Defendant C jointly and severally guaranteed the obligation for the third loan. The Defendants jointly and severally paid to the Plaintiff the amount of KRW 15,542,093 in total and the amount of the unpaid principal and interest on the third loan and the amount for delay of KRW 11,760,00 in total, the unpaid principal and interest on the second loan and the amount for delay of KRW 86,679,00 in total, the amount of the unpaid principal and interest on the second loan and the amount for delay of KRW 20,136,027 in total, and the unpaid principal and interest on the third loan and the amount for delay of KRW 14,47,342 in total and the amount for delay of the unpaid principal and interest on the third loan and KRW 8,00 in total.

B. The Defendants’ assertion 1) The Defendants satisfied all the loans set forth in Articles 1 and 3.2) Even if the third loan was not repaid, the third loan obligation expired after the extinctive prescription.

2. Determination

(a) Defendants-related debt details 1) Nos. 1, 5, 12 through 15, and 18 through 20 (including serial numbers; hereinafter the same shall apply) do not conflict between the parties or between the parties;

According to the purport of each of the statements and arguments, the Defendants’ obligations against the Plaintiff [the Defendant’s obligations as the principal obligor or guarantor, and the JAC operated by Defendant C (hereinafter “JA”)].

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