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(영문) 서울남부지방법원 2017.02.09 2016가단226244
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. Facts of recognition;

A. On February 16, 2006, the Plaintiff, a bond business operator, set the maturity period of KRW 20 million on March 25, 2006, and the interest rate of KRW 5% on March 25, 2006.

B. In addition, on November 17, 2006, the Plaintiff leased KRW 90 million to the Defendant B at the maturity of March 25, 2007 and at the rate of 5% per month, and Defendant C jointly and severally guaranteed this.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Examining the Plaintiff’s assertion in light of the Plaintiff’s claim against the Defendants for payment of the above loan, the Defendants are obligated to pay the above loan and interest or delay damages to the Plaintiff, barring any special circumstance.

3. As to the defendants' assertion, the defendants asserted that they repaid the above loans.

Therefore, comprehensively taking account of the following facts: (a) evidence No. 2-1 to No. 6-2 and the purport of the entire argument as to Defendant B, the Defendants: (b) as security for the above loan claims, leased money to the Defendant from October 25, 2005 regarding No. 102-dong 1803, F apartment 100,000,000,000,000 won; (c) as security for the above loan claims, the Plaintiff made a provisional registration for the transfer of ownership (as security for the loan No. 1, the sum of the loans before the date of February 16, 2006, may be deemed as security for the loan No. 750,000,000 won (as security for the loan of this case). (d) The Defendants established the maximum debt amount of No. 1075,00,000,000 won for the loan of this case as security for the loan of this case.

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