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(영문) 전주지방법원 2017.09.27 2016가단27315
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 24,00,000 and annual 30% from August 28, 2012 to July 14, 2014; and

Reasons

1. Evidence Nos. 2 and 2 of Defendant C, Defendant C, Defendant C, and Defendant C, Defendant C, Defendant C, with the amount of KRW 3 million on September 8, 2012, KRW 40 million, which was the joint and several surety of the debtor, as of June 22, 2010, the amount of the date of preparation of the recognition No. 3, Defendant C, Defendant C, and Defendant C, Defendant C, with the amount of KRW 4 million on March 22, 2012, KRW 12,00,000, KRW 6,000,000, KRW 3 million on August 27, 2012

A. The Defendants prepared and delivered a loan certificate with the following descriptions to the Plaintiff.

B. On June 12, 2012, the Plaintiff remitted KRW 2 million to Defendant B’s deposit account, and KRW 3 million to Defendant C’s deposit account on June 13, 2012.

C. On August 27, 2012, the Defendants borrowed Defendant B’s interest rate of 30% per annum (payment on December 27, 2012), the maturity of payment of KRW 30 million as specified on December 27, 2012, and Defendant C prepared and delivered a certificate of borrowing that the said obligation is jointly and severally guaranteed by setting the guarantee amount of KRW 50 million, the guarantee period of KRW 10,000,000, and the guarantee period of KRW 10,000,000.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that: (a) on June 22, 2010, KRW 4 million, KRW 5 million on September 8, 2010, KRW 3 million on March 22, 2012, KRW 200,000 on June 12, 2012, KRW 300,000 on June 13, 2012, and KRW 29,000,000 on August 27, 2012; and (b) on the loan amount of KRW 29,00,000,000 as principal, the Defendants drafted the instant loan certificate with interest added to KRW 30,000 on the loan amount of KRW 29,000.

Therefore, the Defendants are jointly and severally liable to pay the borrowed amount of KRW 30 million and the agreed interest or delay damages.

B. At the time of the Defendants’ assertion, even though the amount borrowed by Defendant B from the Plaintiff was KRW 24 million in total ( KRW 4 million around June 2010, KRW 5 million around September 8, 2010, KRW 3 million around March 2012, KRW 2 million around June 2012, KRW 10 million around August 2012, and KRW 30 million for the purpose of securing claims, such as interest under an agreement, etc.

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