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(영문) 제주지방법원 2017.04.24 2016가단11010
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 30,50,000 and the interest rate of KRW 15% per annum from August 27, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On October 27, 2014, Defendant B borrowed KRW 10,000,000 from the Plaintiff as of the due date until July 27, 2015.

(hereinafter referred to as “one obligation”). (b)

On April 2, 2015, Defendant B borrowed KRW 20,500,000 from the Plaintiff as of December 30, 2015 and as of December 30, 2015, Defendant B borrowed KRW 3% per interest.

§ 2.2.

(i) [The facts without dispute over the basis of recognition, entry of Gap 1 and 2 in each evidence, the purport of the whole pleadings.]

2. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay the Plaintiff a total of KRW 30,500,000 (i.e., KRW 10,000,000,500) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from August 27, 2016 to the date of full payment, as sought by the Plaintiff, after the payment date.

3. The plaintiff asserts that he/she jointly and severally guaranteed the defendant C's second debt, and the defendant D's first debt.

Of the evidence Nos. 1 and 2 (each payment note) as shown in the Plaintiff’s assertion, Defendant C/D’s joint and several sureties cannot be used as evidence because there is no evidence to acknowledge the authenticity. The entries of evidence No. 3 alone are insufficient to recognize the fact of joint and several sureties by Defendant D, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion on Defendant C/D is without merit.

4. Thus, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C and D is dismissed as it is without merit.

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