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(영문) 광주지방법원 2015.04.28 2014가단28003
대여금
Text

1. The Defendants shall jointly and severally pay 50,000,000 won and 30% per annum from July 2, 2013 to the date of complete payment.

Reasons

1. The joint and several sureties and the Plaintiff leased KRW 50,00,000 to Defendant B under Defendant C’s joint and several sureties on April 2, 2013 at the interest rate of KRW 36% per annum, and the due date of payment on July 1, 2013, may not be disputed between the parties or be recognized by the evidence No. 1.

2. The defendant C's assertion that it paid to D 20,000,000 won and paid E all the above loans by paying the remainder, but it is not sufficient to recognize the fact that the above loans are repaid only with the descriptions of No. 1, No. 2-1, and No. 2, and there is no other evidence to prove otherwise.

3. Accordingly, the Defendants are jointly and severally obligated to pay to the Plaintiff the agreed interest rate of KRW 50,00,000 and KRW 30% per annum, which is the highest interest rate under the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014) from July 2, 2013, as the Plaintiff seeks.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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