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(영문) 서울남부지방법원 2015.10.28 2014가단62101
대여금 등
Text

1. Defendant C’s KRW 29,645,00 as well as 5% per annum from November 11, 2014 to November 19, 2014, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On May 12, 2014, the Plaintiff remitted KRW 49 million from the account held in the name of Defendant C minus KRW 1 million from the pre-paid interest at KRW 50 million. On the same day, the Defendant C drafted to the Plaintiff a certificate of loan loan with the interest rate of KRW 50 million on May 12, 2015, the due date for payment, the interest rate of KRW 2% on May 12, 2015, and the overdue interest rate of KRW 30% on a yearly basis, and the said certificate was issued by a notary public as to the said loan at KRW 458, a joint law office.

B. On May 23, 2014, the Plaintiff transferred KRW 50 million to the account held in Defendant B’s name. The Plaintiff received the loan certificate dated May 23, 2014, stating the borrower’s manager C, the Defendants, the principal of KRW 50 million, the joint and several sureties, the due date for payment, and the interest KRW 17:00 on May 22, 2015, and KRW 1350,000 on May 23, 2014, and there was no signature or seal of the borrower’s Etel management body and the Defendants, the joint and several sureties.

C. After that, the Plaintiff received KRW 798,903 on June 10, 2014 from Defendant C, etc. as interest on loans, and received KRW 2,303,400 on July 10, 2014 as interest on each of the above loans, and KRW 2350,000 on August 11, 2014. On May 12, 2014, the Plaintiff received KRW 100,000 on September 12, 2014 as interest on loans, and received KRW 1 million on October 10, 2014 as interest on loans.

In addition, on October 23, 2014, the Plaintiff collected KRW 20 million based on the above notarial deed, and on November 19, 2014, recovered KRW 955,000 through the compulsory execution of corporeal movables based on the above notarial deed.

Meanwhile, Defendant B deposited the amount of KRW 54,050,000 on November 28, 2014 with respect to loans made on May 23, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3-1, 6, 8, Eul evidence Nos. 3, 4, 6, and 8, and the purport of the whole pleadings

2. The parties' assertion

A. Upon the request of the Defendants, the Plaintiff asserted that the Defendants agreed and lent KRW 100 million to the Defendants on May 12, 2014, KRW 50 million, KRW 50 million on May 23, 2014, and KRW 100 million on a monthly interest rate of KRW 2,350,000,000. As such, the said KRW 100,000 is an indivisible obligation, the Defendants jointly pay the entire amount of KRW 100,000.

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