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Reasons
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(영문) 춘천지방법원강릉지원 2015.05.13 2014가단203119
양수금
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1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 25,500,000 and the amount of KRW 5.0 per annum from September 1, 2009 to December 31, 2009.

Reasons

1. Facts of recognition;

A. On July 25, 2007, D loaned 20 million won interest to Defendant B by the end of July 30, 2007, respectively. At the time, Defendant B agreed that the due date shall be extended until June 30, 2008 if the above loan is not repaid by the due date, but the principal amount shall be 20 million won and the interest amount shall be 5 million won plus 25 million won.

B. However, by July 30, 2007, Defendant B failed to repay the above loan amounting to KRW 20 million, and around September 3, 2007, Defendant B prepared and issued a cash custody certificate to D to pay KRW 25 million up to June 30, 2008.

C. Meanwhile, Defendant B prepared a promissory note amounting to KRW 25,500,000 on the same day with the payee as the Plaintiff, and thus, Defendant D, the Plaintiff, and Defendant B agreed to transfer to the Plaintiff the loan claim amounting to KRW 25,550,000 against Defendant B (hereinafter “instant loan claim”).

On April 28, 2009, Defendant B made an agreement with Defendant C on April 28, 2009, stating that “In the sale of the instant apartment complex No. 108 and No. 404 (hereinafter “instant apartment complex”) owned by Defendant C, Defendant C repaid KRW 25,500,000 of the instant loan claim and monthly interest shall be paid as the principal of the bank” (hereinafter “instant agreement”).

E. Since June 25, 2009, Defendant C sold the instant apartment at KRW 340 million to F and G around June 25, 2009, and completed the registration of ownership transfer on or around July 31 of the same year, but the Defendants did not repay the instant loan claim to the Plaintiff.

F. Meanwhile, according to the Bank of Korea’s economic statistics system, the household loan interest rate among the weighted average interest rates of bank banks is 5.43% per annum in 2009, 5.35% per annum in 2010, 5.82% per annum in 2011, 5.17% per annum in 2012, 4.54% per annum in 2013, and 4.02% per annum in 2014.

grounds for recognition.

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