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(영문) 서울서부지방법원 2019.07.05 2018가단242164
대여금
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, respectively, KRW 129,00,000, and KRW 129,000,000, respectively.

Reasons

1. Facts of recognition;

A. On November 9, 2016, the Plaintiff lent KRW 10 million to Defendant B.

B. On April 5, 2017, the Plaintiff made Defendant B as the surety, Defendant C as the borrower, and lent the Defendants a total of KRW 129 million on June 29, 2017, including KRW 49 million, and KRW 80 million on June 29, 2017.

C. On March 28, 2018, the Plaintiff lent KRW 9.5 million to Defendant B, including KRW 5 million, and KRW 4.5 million on June 8, 2018.

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

2. Determination

A. According to the above facts of recognition, Defendant B, Defendant C, and Defendant C, jointly and severally with Defendant B, have a duty to pay the interest in arrears calculated at the rate of 12% per annum from January 1, 2019 to the date of full payment, which is the day following the day when the complaint was served on the Defendants, as sought by the Plaintiff, as well as from January 1, 2019 to the day of full payment.

B. Defendant B was exempted from the above loans of KRW 129 million, and the above loans of KRW 129 million were borrowed as interest-free for three years, and the above five million won is nothing more than the loan but merely the support. However, there is no evidence to acknowledge this.

3. Full acceptance of the Plaintiff’s claim.

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