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(영문) 부산지방법원 2016.05.31 2015가단233179
물품대금 독촉
Text

1. The Defendant’s KRW 23,00,000 as well as the Plaintiff’s KRW 20% per annum from September 10, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. Upon the Defendant’s request, the Plaintiff lent KRW 23,00,000 to D on January 7, 2014 (interest rate of KRW 5% per month), KRW 5,000,00 (interest rate of KRW 4% per month), KRW 7,000,00 on January 21, 2014 (interest rate of KRW 6% per month), and KRW 6,000,000 on March 20, 2015 (interest rate of KRW 5%).

B. However, D did not pay interest properly, and on September 2015, the Defendant drafted a letter stating that “I will undertake to take the Defendant’s responsibility for KRW 23,00,000,000 to D” (hereinafter “each letter of this case”) to the Plaintiff at the Busan Jung-gu coffee shop, Jung-gu, Busan, that “I will undertake to take the Defendant’s responsibility for KRW 23,00,000 to the Plaintiff.”

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant guaranteed or guaranteed D's debt of KRW 23,00,000 to the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 23,00,000 won and damages for delay calculated at the rate of 20% per annum from September 10, 2015 to September 30, 2015, as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of a copy of the complaint of this case, and from the next day to the day of full payment.

The defendant asserted that the plaintiff and the plaintiff's words "F" prepared the letter of this case as the plaintiff's words "satisfy" and that the letter of this case was forced. However, there is no evidence to acknowledge the defendant's allegation.

The defendant's argument is without merit.

3. Conclusion, the plaintiff's claim of this case is justified.

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