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(영문) 청주지방법원 제천지원 2017.03.29 2017가단69
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 and the interest rate thereon from July 13, 2016 to the date of full payment.

Reasons

1. Indication of claim;

A. Defendant B borrowed KRW 30,000,000 from D on February 11, 2014, and agreed to repay until December 30 of the same year, and agreed to borrow KRW 70,000,000 on November 12 of the same year and make reimbursement until November 29 of the same year. Defendant C is a joint and several surety who agreed to jointly and severally pay the loan of the principal debtor.

B. On November 12, 2014, the Defendants agreed to repay KRW 25,00,000, which is a part of the borrowed money, to D, and to repay KRW 75,000,000, which is the remainder on June 22, 2016 by the end of February 2017 (in the case of the deed, until February 30, 2017), and drafted a confirmation document to repay KRW 25,00,000, which is a part of the said money, by September 25, 2016.

[On the other hand, according to Gap evidence No. 2 (fact-finding) submitted by the plaintiff, the defendants agreed to pay interest of KRW 75,000,000 to 2% per month from June 30, 2016.

On July 12, 2016, Defendant B and D, and the Plaintiff drafted a memorandum of agreement that they transfer and acquire the claims from D against the Defendants (such as reimbursement of principal KRW 75,000,000 and reimbursement of KRW 25,000,000, which is a part thereof, up to September 25, 2016). On October 6, 2016, the Plaintiff sent notice of the assignment of claims to the Defendants.

The Defendants did not pay KRW 25,00,000,000, which is part of the amount agreed upon by the Plaintiff, and the Plaintiff requested Defendant B to pay the said amount.

Defendant B requested that the date be postponed by September 30, 2016, and the Plaintiff waited until September 30, 2016.

On October 8, 2016, the Plaintiff notified Defendant B of the charge of fraud in writing. Defendant B contacted the Plaintiff on October 14, 2016 and agreed to refund the price on October 17, 2016. However, the Plaintiff did not appear on the agreed date and completely refused contact with the Plaintiff.

E. Therefore, the Defendants are jointly and severally liable to the Plaintiff for 70,000,000 won and the said amount from July 13, 2016.

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