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Reasons
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(영문) 서울중앙지방법원 2018.07.20 2017가단5035291
대여금
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1. Defendant B shall pay to the Plaintiff KRW 232,022,271 and KRW 98,896,928 among them, from February 23, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On February 11, 2011, a notary public prepared a notarial deed for a loan for consumption for money (hereinafter “notarial deed of this case”) by acting both of the Plaintiff, the obligor, Defendant B, and joint and several sureties as a creditor, Defendant B, and joint and several sureties by a law firm No. 0043, 2011. The contents relating to this case are as follows.

Article 1 (Purpose) The creditor lent the amount of KRW 130 million to the debtor on February 10, 201 and the debtor borrowed it.

Article 2 (Period and Method of Payment) The said money shall be paid in installments twice in total, on May 31, 201, KRW 50 million, and KRW 80 million on October 31, 201.

Article 3 (Interest) If the obligor who has no interest delays the repayment of the principal or interest, the delayed interest shall be paid to the obligee at the rate of 24% per annum on the delayed principal or interest.

When an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit within the time limit for the obligations of the borrowed money and immediately repay all of the remainder of the debt, even if no other notification or peremptory notice is given by the obligee:

3. Article 8 (Joint Guarantee) if the debtor delays the payment of the installment at any time;

1. The surety has agreed to guarantee the debtor's obligations under this Agreement and to discharge jointly and severally the debtor's obligations.

2. The maximum amount of the surety’s surety is KRW 130 million.

B. Defendant B: (a) the Plaintiff; (b) the KRW 10 million on May 31, 201; and (b) the same year

6.9.20 million won, the KRW 10 million on October 1, 10 of the same year, the KRW 50 million on October 31, 2017, and the KRW 13 million on February 22, 2018, respectively, have been paid, and the details of payment for delay and principal have been as shown in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 5, 9, and 10 evidence (including branch numbers, hereinafter the same), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition, Defendant B totaled to the Plaintiff on 232,022.

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