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(영문) 창원지방법원통영지원 2016.06.15 2016가단225
계금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 23,500,000 and KRW 2,000,000 among them, from August 18, 201 to 8,000.

Reasons

1. Determination as to the cause of claim

A. According to the reasoning of the whole pleadings and arguments, the following facts are acknowledged, i.e., murder, absence of dispute, entry of Gap Nos. 1 through 3, and the whole purport of arguments:

1) Defendant B’s payment of KRW 31.5 million on July 18, 2009, KRW 1.5 million on monthly payment, KRW 1.5 million on monthly payment, KRW 22, and KRW 1.5 million on monthly payment, which is the Plaintiff’s successful bidder (hereinafter “18-day successful bidder”).

(2) The Defendant B signed the loan 200,000 won and received 31.5 million won on August 18, 2009. At that time, Defendant B did not pay 1.5 million won each month to the Plaintiff and 20 members of the remaining fraternity (on September 18, 2011, the monthly payment is not made. Thus, from September 18, 201 to April 18, 201, Defendant C signed the loan 200,000 won and 100,000 won each month to pay 30,000 won (on September 18, 2011, the total amount of 30,000 won) and 10,000 won each month to the Defendant’s joint and several debt 18,000 won (on September 18, 2009 to March 18, 2011, the remainder of Defendant B paid 10,000 won to the Plaintiff.

At the time, Defendant B prepared and delivered a loan certificate stating that the remaining 1.5 million won per month will be paid to the Plaintiff, and that the remaining 19 members will be paid in full (in the month in which the Plaintiff would be paid in full, i.e., monthly payment is not made, and as such, the total 19 times from February 9, 2010 to August 9, 201) and that the interest shall be paid in 2% per month, and the Defendant C jointly and severally guaranteed the above obligation of the Defendant B.

However, with respect to the nine-day successful bid, Defendant B shall pay the Plaintiff the principal amounting to KRW 20.5 million from February 9, 2010 to February 9, 2011, KRW 1.5 million each month.

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