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(영문) 대구지방법원 2015.02.27 2012가단203673
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 23, 2009, the Plaintiff loaned KRW 100 million to Defendant B as the primary debtor, and set the interest rate of KRW 8% per annum, 19% per annum, 19% per annum, and the lending period until July 23, 2012.

(hereinafter referred to as the “instant loan agreement”) between the Plaintiff and the Defendant B.

On the same day, the Plaintiff received the joint and several guarantee agreement for the instant loan agreement from Defendant C (hereinafter “instant joint and several guarantee agreement”), and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with regard to the 1030 million won of the maximum debt amount as prescribed by the Daegu District Court, Daegu District Court No. 25976, the Daegu District Court, Daegu District Court No. 25976, regarding the Do-gu, Daegu District Court (hereinafter “instant real estate”).

[Ground of recognition] No dispute, Gap 1-4 evidence (including paper numbers), Eul 1 evidence, the purport of the whole pleadings

2. Defendant B’s determination on Defendant B’s defense prior to the merits of the instant lawsuit: (a) drafted a written confirmation of withdrawal of the instant lawsuit on June 7, 2012 by the Plaintiff E, who is the standing director of the instant lawsuit; and (b) despite the Plaintiff agreed to withdraw the instant lawsuit, the Plaintiff’s maintenance of the instant lawsuit is contrary to the withdrawal agreement; and (c) the instant lawsuit does not have a benefit in protecting the rights.

However, it is difficult to recognize that the Plaintiff agreed to withdraw the instant lawsuit only with the descriptions of the evidence Nos. 14 and 15 (including the paper numbers). Thus, this part of the Defendant B’s assertion is without merit.

3. Judgment on the merits

A. The Plaintiff Defendants are liable to pay the Plaintiff KRW 100 million and damages for delay as stated in the loan agreement of this case and the joint and several guarantee agreement of this case.

Shed Defendant B shall be the primary debtor in the form of Defendant B in order to avoid the application of the laws and regulations governing the limit of loans to the same person (F) and the internal regulations of the financial institution.

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