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(영문) 인천지방법원부천지원 2016.06.01 2015가단118153
대여금
Text

1. Defendants B and C shall be jointly and severally liable to the Plaintiff, and as to KRW 100,00,000 out of KRW 119,972,601, the Defendant from July 1, 2015.

Reasons

1. Basic facts

A. The Plaintiff became aware of Defendant B and C with the introduction of Defendant D.

On July 12, 2013, the Plaintiff entered into a monetary loan agreement with Defendant B to pay KRW 100,000,000 (hereinafter “instant loan”), interest rate of KRW 24% per annum, maturity of payment, July 12, 2014, and interest rate of KRW 10,000 (hereinafter “instant loan”).

Defendant C jointly and severally guaranteed the above loan obligations of Defendant C.

B. By May 31, 2014, Defendant B paid KRW 2,000,000 each month to the Plaintiff as interest.

C. On July 12, 2013, Defendant B completed the registration of creation of a collateral security with the obligor B, the maximum debt amount of KRW 130,000,000 on the land of KRW 3,734 square meters in F prior to the interesting city owned by Nonparty D, which had been completed on July 12, 2013. On December 30, 2014, Defendant B completed the procedure for changing the Plaintiff to the obligee on the ground of the transfer of the confirmed claim.

[Ground of recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to claims against Defendant B and Defendant C

A. Defendant B and Defendant C are jointly and severally liable to pay the Plaintiff the loans that the Defendants failed to pay and the interest and delay damages thereof.

B. As to the ground for performance and the ground for satisfaction of the claim, Defendant B asserted that the Plaintiff repaid KRW 6,00,000 as of June 1, 2014, for interest and delay damages. As such, Defendant B may be acknowledged as having remitted KRW 6,000 to the Plaintiff based on each of subparagraph 1 through 4-4 of the evidence No. 1-4, as follows:

We examine how the above repayment will be appropriated for the loan of this case.

Article 479(1) of the Civil Act shall apply first in the case of satisfaction of obligation to which interest or delay damages are attached, and unless otherwise agreed by the parties, satisfaction of obligation shall be made in the above order of court order.

The plaintiff.

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