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(영문) 전주지방법원군산지원 2015.06.26 2014가단12817
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 66,00,000 and the interest rate from June 10, 2004 to the day of full payment.

Reasons

1. The judgment on the cause of the claim was borrowed from the plaintiff on August 10, 201 at the maturity of 66 million won and 25% per annum from the plaintiff on April 9, 2004, and the defendant C had a joint and several guarantee on the above loan obligation on April 10, 202 (No. 918, 2002 deed of the military joint and several offices). The plaintiff seized corporeal movables owned by the defendants on the above claim and received 1,82,800 won from the auction procedure on July 30, 204 (No. 2004No. 4133) and the plaintiff had no dispute over the above corporeal movables from the auction procedure on July 30, 204 to 104, 204 to 204, 104, 206, 106, 206, 205, 206, 206, 206, 200.

The obligation to pay damages for delay at the rate of 25% per annum from the date of full payment.

(A) The defendants' assertion that the defendant B did not borrow money from the plaintiff is rejected). 2. Judgment as to the defense

A. The Defendants on the ground of the defense that they met all the above loan obligations, but there is no evidence to acknowledge this, and the above defense is without merit.

B. The Defendants on the grounds of extinctive prescription asserted that the above loan obligation has expired due to the expiration of the extinctive prescription. The period of repayment of the above loan obligation is April 9, 2004, and the Plaintiff’s application for the payment order of this case was filed on April 10, 2014.

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