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Reasons
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(영문) 춘천지방법원원주지원 2016.07.07 2016가단1464
대여금
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1. Defendant B shall pay to the Plaintiff KRW 30,400,000 and the interest rate of KRW 15% per annum from May 20, 2016 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff loaned the Defendant B a total of KRW 75,00,000 as follows. ① On June 1, 2007, the Plaintiff paid KRW 20,000,000 (on July 1, 2007, the payment period) ② August 31, 2007 (on September 1, 2007, the payment period) ③ (3) on July 22, 2008 (on August 1, 2008, the payment period) KRW 10,000,00 (on August 1, 2008, the payment period) ④ on July 15, 2009, KRW 10,000,000 (on August 1, 200, the payment period) and KRW 10,000,000 (on August 30, 209), ⑤ Defendant C’s joint and several debt repayment period of KRW 10,05,105,205.

According to Gap evidence Nos. 1 through 4, for 20,000,000 won on June 1, 2007, the defendant Eul and the defendant C are written as joint-uses, and for 10,000,000 won on August 31, 2007, 10,000,000 won on July 22, 2008, and 25,000,000,000 won on October 15, 2009 are written as the borrower and the defendant C as the guarantor.

As to the Plaintiff’s claim that Defendant B is the borrower of the loan set forth in the foregoing No. 4, and that Defendant C is the joint and several surety, the Defendants do not specifically dispute this (in the reply dated March 10, 2016, Defendant C expressed Defendant C as the joint and several surety), and the Plaintiff’s assertion is deemed to have led to confession.

3) Around September 2010, Defendant B agreed to pay to the Plaintiff KRW 10,50,000,000,000, which is the money corresponding to the fraternity paid between September 20, 2009 and March 20, 2010, to the Plaintiff by March 20, 2011.

B. According to the above facts, Defendant B is obligated to pay the total of KRW 75,000,000 and delay damages for the loan, and Defendant C is jointly and severally liable with Defendant B to pay KRW 65,00,000 and delay damages for the loan amount of KRW 75,000,000, respectively, barring any special circumstance. In addition, according to the above facts of recognition, Defendant B is obligated to pay the agreed amount of KRW 10,50,000 and delay damages for the loan amount of KRW 75,00,000, respectively.

2. Determination as to the Defendants’ assertion

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