logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2016.11.22 2015가단305441
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 40,676,549 and Defendant B with respect thereto from June 20, 2015 to December 22, 2015.

Reasons

1. On December 5, 2013, the Plaintiff: (a) prepared a certificate of loan with a loan of KRW 80,00,000 per annum; (b) KRW 12% per annum; (c) KRW 40,000,000 on December 31, 2014; and (d) KRW 40,000,000 on December 31, 2016; (c) the Defendants jointly and severally guaranteed the above loan obligations against D; (d) there is no dispute between the parties; (e) the agreement with D on the loan of KRW 20,323,451 per annum from the date following the 20th day of December 20, 2013 to June 19, 2015; and (e) the Defendants were jointly and severally liable to pay the loan of KRW 39,365,000 per annum to the date of repayment; and (e) the Defendants were jointly and severally liable to the Plaintiff, the remaining amount of KRW 200,3636,50,50.

2. Judgment on the Defendants’ assertion

A. The Defendants asserted that the amount of the borrowed money is not KRW 80,000,000,000 that D, the principal obligor, was borrowed from the Plaintiff, but there is no evidence to acknowledge it, and thus, the Defendants’ assertion is rejected.

B. The Defendants asserted that D, the primary debtor, paid the Plaintiff the amount that D received from the Plaintiff was KRW 284,98,246 in total, and D paid KRW 322,84,865 in total to the Plaintiff, etc. from January 1, 2008 to July 20, 2015. Thus, the Defendants asserted that D, the primary debtor, paid the Plaintiff a total of KRW 322,84,865.

The facts of the recognition as above and evidence No. 4, No. 1, 2.

arrow