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(영문) 서울중앙지방법원 2011.07.20 2011나12971
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 31, 2002, the Plaintiff, under Defendant B’s joint and several sureties, lent KRW 400 million to Defendant A on October 31, 2004 due date, KRW 13% per annum, and KRW 25% per annum.

(hereinafter “instant loan.” The Defendants led to the confession of the instant loan with the statement in reply from October 18, 2010 on the date of the first instance trial on the date of pleading of the first instance trial. At the first instance trial, the instant loan was made in relation to G, a third party, and the Defendants alleged that they did not have received the instant loan, and they expressed their intent to revoke the said confession. However, there is no evidence to acknowledge that the said confession was contrary to the truth and due to mistake, and there is no validity of the revocation of confession.

At the time of the instant loan, when the Plaintiff and the Defendants did not pay interest for more than one month from the date of the loan agreement, or when the installment repayment, etc. was overdue on more than two occasions, they agreed to lose the benefit of the time and immediately repay the principal and interest.

C. The Defendants lost the interest specified in the instant loan from a long-term default period, and did not repay the principal and interest upon the expiration of the maturity period. The Defendants’ unpaid loan obligations as of March 26, 2006 refer to the total amount of KRW 570,909,388 ( principal principal KRW 399,792,319, KRW 169,45,144).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendants are jointly and severally liable to pay to the plaintiff 570,909,388 won in aggregate of the principal and interest of the loan of this case and 399,792,319 won in interest of the loan of this case with 25% interest rate per annum from March 27, 2006 to the day of full payment.

B. Determination of the Defendants’ assertion 1 is the Defendants.

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