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(영문) 전주지방법원 2017.09.08 2016가단24125
대여금
Text

1. Defendants B, D, and E shall jointly and severally serve as KRW 70,000,000 on the Plaintiff and as a result, from June 1, 2014 to July 14, 2014.

Reasons

1. Determination as to the claim against the defendant B, D, and E

A. On May 29, 2013, Defendant B borrowed the Plaintiff KRW 70 million with interest rate of KRW 30% per annum and due date on December 23, 2013. (2) Defendant D and E jointly and severally guaranteed Defendant B’s debt owed to the Plaintiff.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1-1, 2, and 4, the purport of the whole pleadings

B. According to the above facts of recognition as to the cause of the claim, Defendant B, D, and E are jointly and severally liable to pay to the Plaintiff the interest rate of KRW 70,000,000 of the leased principal and the interest rate of KRW 30% per annum, which is the agreed interest rate from June 1, 2014 to July 14, 2014, and the interest rate of KRW 25% per annum, which is the highest interest rate prescribed by the Interest Limitation Act, from July 15, 2014 to the date of full payment.

C. Defendant B and D’s assertion of partial repayment is alleged to the effect that Defendant B and D partially repaid the principal and interest of the loan, but there is no evidence to acknowledge this. Therefore, this part of the allegation is without merit.

2. The plaintiff asserts that he/she jointly and severally guaranteed the principal and interest obligation of Defendant C with respect to the claim against Defendant C.

그러나 갑 1호증의 피고 C 작성 부분은 서명날인의 진정성립이 인정� 않아 증거로 쓸 수 없고, 원고가 제출한 다른 증거들만으로는 피고 C이 피고 B의 대여원리금 채무를 연대보증하였다고 인정하기 어렵다.

Therefore, the plaintiff's above assertion is without merit.

3. The claim of this case is partly accepted within the extent of the above recognition.

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